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OKLAHOMA 
SCHOOL CIVICS 


BY 


L. J. ABBOTT, LL.B., M.A. 

PROFESSOR OF AMERICAN HISTORY. CENTRAL STATE NORMAL 

EDMOND,OKLAHOMA 


GINN AND COMPANY 


BOSTON • NEW YORK • CHICAGO • LONDON 



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OKLAHOMA 
SCHOOL CIVICS 


BY 


L. J. ABBOTT, LL.B., M.A. 

V 

PROFESSOR OF AMERICAN HISTORY, CENTRAL STATE NORMAL 
EDMOND, OKLAHOMA 


GINN AND COMPANY 


BOSTON • NEW YORK • CHICAGO • LONDON 



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Copyright, 1909 

By L. J. ABBOTT 

ALL RIGHTS RESERVED 


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tgbe iatftengum Dregg 

GINN AND COMPANY • PRO¬ 
PRIETORS • BOSTON • U.S.A. 


LIBRARY of CONGRESS 
Two CoDics Received 

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_ Conynirnt Entry - 

ILASS /A ^ JVXC. Ntt. 

COf'r . 







PREFACE 


The great length of the Oklahoma constitution forbids 
quoting and commenting upon it section by section. The aim 
of this book is to give pupils in the schools of Oklahoma a 
complete working knowledge of the institutions of the state 
without burdening them with unnecessary details. It is pub¬ 
lished in connection with and becomes a part of Boynton’s 
School Civics to which frequent reference is made. These 
references should be looked up, as they form a part of the 
text in the same manner as references to the constitution 
of the state. 

References to the constitution are given by article and 
section, e.g. Art. VI, sect. 3 ; to School Civics by pages, 
e.g. Boynton, pp. 293-307 ; and to passages in this book 
by chapter and section, e.g. chap, x, § 151. 


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CONTENTS 


Chapter Page 

I. The Civil District: in Oklahoma, the Municipal 

Township. 7 

II. City Government . ii 

III. The County. 19 

IV. How Territories become States — Enabling Act 

FOR Oklahoma.28 

V. Oklahoma Constitution — Bill of Rights ... 36 

\T. Legislative Department, Senate and House of 

Representatives.42 

VII. Legislative Department, Initiative and Referen¬ 

dum .50 

VI II . Executive Department.55 

IX. Judicial Department. 71 

X. Electors and Elections.78 

XL Taxation and Public Debts. 88 

XI 1 . Public-School System.99 

XIII. State Institutions.110 

XIV. Corporations.117 

Appendix A — United States Land Survey.129 

Appendix B — Oklahoma’s Public Lands.133 

Appendix C — The Ribbon Ballot.135 

Index.139 


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OKLAHOMA SCHOOL CIVICS 


CHAPTER I 

THE CIVIL DISTRICT: IN OKLAHOMA, 

THE MUNICIPAL TOWNSHIP 

1 . Charters of Liberty. The four great charters of Anglo- 
Saxon liberty are : Magna Charta (1215), the Bill of Rights 
(1689), the Declaration of Independence (1776), and the Con¬ 
stitution of the United States (1789). But the rights which 
these epoch-making documents convey would be materially 
lessened were it not for the great body of common law (the 
law of custom and of usage), founded upon equity and justice, 
and for the boon of local self-government. 

2 . Local Government Important. While it is extremely 
important that we have good laws wisely administered in state 
and nation, the individual is deeply concerned with the laws 
and with their administration in the city, township, and county 
in which he resides (Boynton, p. 285). It is the laws of these 
lesser political divisions of government which regulate the 
daily life, and with which the citizen comes into daily contact. 
We will now consider in the smallest governmental division 
the function of the state in its relation to these local rights 
of self-government. 

3 . The Civil District was established in some form in every 
one of the colonies at an early date (Boynton, chap, xix, pp. 
288-291). Its form and method of organization was brought 

7 


8 


OKLAHOMA SCHOOL CIVICS 


to America from England. It is the smallest and least complex 
of all our political machinery. In New England it is called a 
town, — a small country district, — which we in Oklahoma 
term a municipal township (Boynton, chap, iii, pp. 45-52, for 
full discussion of town, parish, county in America). 

4 . The Municipal Township in Oklahoma is exactly the 
same civic organization as the town in New England. There 
is this difference, however, that in Oklahoma the administra¬ 
tion of the municipal township is clearly republican instead of 
a pure democracy, as in the case of a New England town, and 
its governmental functions are more limited. In Oklahoma 
the name “township ” or “municipal township ” is quite as con¬ 
fusing as the New England name “ town.” This arises in part 
from the fact that the federal government has given the name 
“congressional township” to a tract of country just six miles 
square, a convenient unit for surveying the state. A municipal 
township may be larger or smaller than a congressional town¬ 
ship, and has nothing to do with the latter, although in dividing 
a county into municipal townships the lines established by the 
government are frequently used, in which cases the area of 
• the two kinds of townships coincide. 

5 . Township Officers. As has been stated, the township 
is the least complex of all our political machinery. In the 
sparsely settled country districts and in the small villages 
which are brought under this system there is little need of 
complex government. The chief authority in the township is 
the township board. This board is the legislative assembly of 
the township. It consists of three members : (i) the trustee, 
or chairman, who is the executive official of the township; 
(2) the treasurer, who has control of the funds ; and (3) the 
clerk, who keeps the records of the board. These men seldom 


THE CIVIL DISTRICT 


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meet more than four times 
during the year, and then 
only for a few hours. 

6. Duties of Officers. The 
trustee has general control 
of the affairs of the town¬ 
ship when the board is not 
in session, has gen¬ 
eral supervision of 
the road overseers, 
and also is assessor 
of the township. 

The treasurer has 
charge of the funds 
of the township. 

The clerk keeps 
the records. 

7 . Township 
divided into Road 
Districts. Every 
township is divided 
into road districts, 
each under the su¬ 
pervision of the 
road overseer. The 
road overseer has 
power to warn (call) 
out citizens to work 
on the roads in 

order that the roads may be kept in as good repair as possible. 
It is also his duty to collect the poll tax and to keep the roads 


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Bradley 


Map of Grady County 

(Showing congressional and municipal townships 
and commissioner districts) 


























lO 


OKLAHOMA SCHOOL CIVICS 


and bridges of his district in good condition. The township 
trustee may act at any time in place of the road overseer. 

8. Initiative and Referendum. The legislative and exec¬ 
utive departments of township government are combined and 
placed in the hands of one set of officials, the township board. 
The legislative acts of the board, however, are subject to 
review by the voters of the township by means of the refer¬ 
endum. Whenever the board fails, or refuses, to enact desired 
legislation it can be forced to do so by initiative petition (Art. 
V, sect. 5). In Chapter VII a detailed explanation of the 
initiative and referendum may be found. It is a part of the 
legislative machinery of the township, supplementary to 
the work of the township board. 

9. Township Judiciary. There are two justices of the 
peace in every township, as well as in each city of the first 
class (Boynton, p. 279). Under the constitution each justice 
has jurisdiction in civil cases up to $200, and in criminal 
cases where the fine does not exceed $200, or imprisonment 
in the county jail for not exceeding thirty days, or both such 
fine and imprisonment (Art. VII, sect. 18). This jurisdiction 
• is coextensive with the county. The justice also has power to 
examine and commit prisoners in all cases of felony. Every 
justice of the peace has a constable to enforce his decisions, 
to serve writs, and to act as general peace officer of the town¬ 
ship. In a justice court six men constitute a jury. In July, 
1910, the county commissioners will divide each county 
into six justice of the peace districts. One justice will be 
elected for each district. If necessary, however, additional 
justices may be provided but must not exceed one for each 
voting precinct in-the county. 


CHAPTER II 


CITY GOVERNMENT 

10. Municipalities. Where the population becomes dense, 
as in villages and cities, it has been found necessary for the 
best interests of all concerned to have a more detailed organ¬ 
ization than is necessary in the municipal townships. In large 
cities government is found in its most complex form. The 
various state governments classify such densely populated 
communities differently, according to the numbers living in 
such communities. The smallest division is usually called a 
village, the next larger a town, and the largest a city. Cities 
are again classified, usually into three groups, namely, first, 
second, and third, the third-class city being the smallest 
(Boynton, chap, xx, pp. 293-307). 

11. Oklahoma Municipalities. In Oklahoma all densely 
populated communities are called either cities or towns. There 
are no villages recognized by law in Oklahoma. Municipal¬ 
ities are of two classes: those of two thousand population are 
called cities of the first class ; those of less than two thousand 
population are called towns. P"or the incorporation of towns 
no special population is required. When certain provisions 
have been complied with by a densely populated community of 
less than two thousand inhabitants, it is declared a town by 
the board of county commissioners. When a densel)^ popu¬ 
lated community of more than two thousand inhabitants has 
met the requirements of the general law, it is declared a city 
by the governor of the state. Any city containing a population 


12 


OKLAHOMA SCHOOL CIVICS 


of more than two thousand inhabitants may frame a charter 
for its own government, consistent with and subject to the 
constitution and laws of the state (Art. XVIII, sect. 3). It 
is then termed a " charter city.” 

12 . How a City forms its Own Charter. A convention 
of freeholders (men who own real estate) is elected to draw 
up a constitution or charter for the city. This body is com¬ 
posed of two men from each ward. This charter is submitted 
to the voters of the city. If a majority of those who vote upon 
the question of accepting or rejecting the charter drawn up 
by the convention are in favor of its adoption, it is then 
sent to the governor for his approval. If it is found to con¬ 
form with the statutes and constitution of the state, and the 
governor approves, it then becomes the constitution of the 
city, defining what may and may not be done. If the charter 
is approved, one copy is filed with the secretary of state and 
one is recorded with the register of deeds of the county in 
which the city is located, and is then finally deposited in the 
archives of the city. 

13 . City Charters : Amendments. Amendments to a city 
■ charter may be begun as follows : first, by the city council; 
second, by a petition signed by twenty-five per cent of the 
voters. If the second method is adopted, an election must 
be called by the mayor within thirty days after the petition 
has been filed with him. At this election the voters decide 
whether or not a revision of the charter shall be made. If a 
majority vote in favor of such a revision, the work proceeds ; 
if not, the matter is dropped. This provision and the one in 
the preceding section was put into the constitution so that 
Oklahoma cities could adopt the comniissiofi system of city 
government^ if they so desired. Commission government 


CITY GOVERNMENT 


13 


abolishes all wards and councilmen. A commission, or com¬ 
mittee, usually of five men, is elected to serve the city much 
as a board of directors controls a large corporation. The 
members of this commission are paid large salaries and de¬ 
vote all their time to the city’s interests. Government by 
commission is an effort to abolish the inefficient and often 
corrupt city governments that are found everywhere in 
America. Two Oklahoma cities, Tulsa and Ardmore, have 
already (1909) adopted charters and are operating under 
some form of the commission system. All other Oklahoma 
municipalities still adhere to the general law, which is ex¬ 
plained in the following paragraphs. 

14 . City Wards and Councilmen. When the governor issues 
a proclamation declaring a certain community a city, he defines 
the wards (subdivisions of the city), not less than four, for the 
purpose of the first election. These wards may be changed 
after the first election, by the city councilmen, if occasion 
requires. The number of people residing in each ward is the 
same as nearly as possible. The wards serve as election 
precincts and are the basis of representation in the city 
council and school board. Each ward is entitled to two coun¬ 
cilmen, elected for a term of two years alternately. By this 
method at least one half of the council has had experience 
in the administration of city affairs. 

15 . The City Council. All legislative authority of the city 
is vested in the city council, with the exception of what law¬ 
making power is reserved to the mayor and the people. The 
mayor presides over all meetings of the city council and has 
a vote in the case of a tie, and also exercises veto power over 
all acts of the city council. The city council has power to levy 
taxes, audit and pay bills against the city, borrow money on 


H 


OKLAHOMA SCHOOL CIVICS 


the city’s credit, impose license taxes, erect necessary public 
buildings for the city’s use, condemn land for public purposes, 
and invest in public business for the benefit of the city. Water¬ 
works, lighting plants, cemeteries, represent such investments. 

16 . The Initiative and Referendum. Like the municipal 
township, the city has the power of initiative and referendum 
(Art. XVIII, sect. 4 a). Through this power the voters of the 
city may reject the action of their city council or may force 
that body to pass needed legislation. The constitution requires, 
however, that every petition for initiative or referendum in 
the government of the city shall be signed by a number of 
the qualified voters residing within the city, equal to twenty- 
five per cent of the total number of votes cast at the next 
preceding election, and that this petition shall be filed with the 
mayor (Art. XXIII, sect. b). Thus the legislative authority 
of the city is vested, first, in the city council; second, in the 
mayor, by reason of his vote in the case of a tie and his power 
of veto ; third, in the people, by means of the initiative and 
referendum. 

17 . The Mayor. The chief executive of a city of the first 
class is called the mayor (Boynton, pp. 296-297). It is his 
duty to see that the laws enacted for the government of the 
city are enforced. He presides at all meetings of the city 
council and exercises the right of veto over measures enacted 
by the council. After an ordinance has thus been vetoed it 
can only become a law by passing it over the veto by a two- 
thirds vote of the council. With the consent of the council, 
the mayor can grant reprieves and pardons for offenses arising 
under city ordinances. He can also suspend city officials for 
incompetency or neglect of duty until the council acts thereon. 
The mayor appoints the park commissioner, the water and 


CITY GOVERNMENT 


15 


sewer commissioner, the light commissioner, the city physi¬ 
cian, the police officers (excepting the chief of police), and 
such other officials as the needs of the city demand. His 
salary is fixed by city ordinance, is generally small, and is 
not considered as an adequate compensation for services 
rendered. In many cities throughout the country no com¬ 
pensation whatever is attached to the office of mayor or 
member of the common council. Service thus rendered is 
usually considered a matter of local patriotism. 

18 . The City Clerk. It is the duty of the city clerk to 
keep a record of all proceedings of the council. He signs all 
orders to pay out city funds. Thus he transacts for the city 
the duties that, in the state, are divided between the sec¬ 
retary of state and auditor. The term of the city clerk is 
two years. The salary varies widely, depending upon the 
size of the municipality. 

19 . The City Treasurer. All funds belonging to the city 
are under the control of the treasurer. Like the township 
treasurer, he does not collect the general tax. The general 
taxes are paid to the county treasurer. The only tax money 
that is paid directly to the city treasurer is for the occupation 
tax levied upon certain classes of business in the city, the 
dog tax, the peddler’s tax, the street hawker’s tax, etc. Such 
special taxes are created by ordinance and are specially devised 
to protect the people against imposition. Term two years. 
The salary depends upon the size of the city. 

20 . The City Attorney. The city attorney is elected by 
the people for a term of two years. The attorney is expected 
to advise all city officials upon legal matters that relate to the 
city. He defends all lawsuits against the city, brings action in 
the name of the city, and prosecutes all offenders tried in the 
police court. 


i6 


OKLAHOMA SCHOOL CIVICS 


21 . The City Marshal. The official title of the chief of 
police is city marshal. He is elected by the people for a 
term of two years and has general control of the peace of the 
city. He is subject to the orders of the mayor only. In most 
cities in other states the mayor appoints the chief of police. 
This custom is more apt to obtain harmony between the chief 
of police and the mayor, and harmony makes for the best mu¬ 
nicipal government, a condition not always true in Oklahoma. 

22 . The Assessor. Every city of the first class chooses an 
assessor, who lists the property of the citizens for taxation 
as does the trustee in a municipal township. The assessor is 
the only official in cities of the first class elected for but one 
year. Salary three dollars per day for the time he is at work. 

23 . The Street Commissioner. The street commissioner 
has charge of the streets and sidewalks of the city. He attends 
to all grading, draining, ditching, builds cross walks, and has 
general supervision of all thoroughfares within the city limits. 
Term two years. 

24 . The Judicial Authority. The police judge, who is 
elected for a term of two years, is vested with the judicial 
authority in the city. Before him are arraigned the petty of¬ 
fenders against the peace and dignity of the municipality. The 
police judge determines the meaning of the city ordinances, 
and cases brought before him are never tried by jury. In 
cities of more than twenty-five hundred inhabitants two jus¬ 
tices of the peace are elected. These justices have been held 
by the supreme court to be county officials, and are elected 
at the regular county election in November instead of at the 
city election in April. The reason for this is that all justices 
of the peace, from whatever district, have jurisdiction in all 
cases not exceeding two hundred dollars arising in the county. 


CITY GOVERNMENT 


17 


A constable is elected for each justice chosen. Like incorpo¬ 
rated towns, cities of the first class of less than twenty-five 
hundred population elect but one justice; cities of over twenty- 
five hundred population elect one extra justice for every ten 
thousand population in excess of the twenty-five thousand. 

25 . Incorporated Towns. The general statute provides for 
incorporating towns in Oklahoma. Before a town can be 
incorporated it must be surveyed, mapped, and the census 
taken. The petition for incorporation is made to the county 
commissioners (see chap, iii, § 46), and must be signed by 
one third of the qualified voters residing in the town. If a 
majority of the citizens vote for incorporation, the board of 
county commissioners will issue an order declaring it a town. 
No special population is required, but it must be sufficient to 
support such a government as is provided by the law. 

26 . Oklahoma Town Government. The town is divided 
into not less than three and not more than seven districts or 
wards, h^ach district elects one trustee. The trustees form 
the town’s legislative assembly, which is known as the board of 
trustees. The board chooses one of its own number for pres¬ 
ident, and he thus becomes the chief executive officer of the 
town. At the time of his election, the first Tuesday in April, 
there is also elected a clerk, assessor, treasurer, marshal, and 
justice of the peace, whose term of office is one year each. 
Their duties are the same as those of like officials in other 
departments of government. In towns the same person may 
be both clerk and assessor at the same time. The right of 
initiative and referendum is reserved to the town. 

27 . Public-Service Corporations. One of the greatest diffi¬ 
culties arising under city governments is the control of pub¬ 
lic-service corporations. The constitution of the state gives 


i 8 


OKLAHOMA SCHOOL CIVICS 


the city explicit control over her franchises, which control, if 
properly exercised, will go a long way in the solution of this 
most vexatious problem in municipal administration. The 
constitution forbids that any city or town shall ever grant, ex¬ 
tend, or renew a franchise without the approval of a majority 
of the qualified voters concerned, who shall vote upon the 
question at a general or special election ; and no franchise 
shall be granted, extended, or renewed for a longer term 
than twenty-five years (Art. XVIII, sect. 5 a). 

28 . Public Utilities. It is becoming more and more the 
custom for cities to conduct certain lines of business that 
are, in the nature of things, monopolies. This is done for 
the benefit of the entire community. Public utilities most 
commonly under the control of the city are waterworks, 
lighting plants, sewers, drains, street railways. The state con¬ 
stitution makes it possible for cities to enter a much wider 
field. Every municipal corporation within the state has the 
right to engage in any business or enterprise which may be 
engaged in by a person, firm, or private corporation (Art. 
XVIII, sect. 6 a). 


CHAPTER III 


THE COUNTY 

29. The County (Boynton, pp. 48-52). Like the munici¬ 
pal township, the county is a civil district. By this is meant 
that it is a governmental convenience. In most states its 
boundaries can be changed, or its very existence terminated, 
at the will of the legislature. The constitution of this state 
sets limitations (Art. XVII, sect. 4). It will be seen that the 
governments in the forty-six commonwealths composing the 
Union make them unitary states (Boynton, p. 27), and that 
the federal government has no such powers over the bounda¬ 
ries of the respective units (states) of which it is composed. 
The states are indestructible just as the Union is indisso¬ 
luble, i.e. it cannot be legally destroyed (U. S. Supreme Court 
definition of the nature of the Union). 

30. The County in Oklahoma. In Oklahoma the town¬ 
ship has in no respect the powers of a New England town 
acting through its town meeting (Boynton, p. 47). Also the 
county commissioners lack in many material respects the 
authority lodged in the county court of Virginia’s colonial 
days (Boynton, p. 50). Local self-government is here a 
happy blending of the two systems (Boynton, p. 52). 

31. The Counties: how Organized. There are seventy- 
five counties ^ in Oklahoma, created by the constitutional 

1 Most of the legal steps have been taken to create a new county in the 
extreme southwest corner of the state. It will be named Harmon after the 
governor of Ohio. 


19 


20 


OKLAHOMA SCHOOL CIVICS 


convention. At the time of this convention Oklahoma had 
organized territorial forms of government. Its counties were, 
for the most part, left as they had been under the territorial 
administration; but in some instances county boundaries 
were changed, large counties cut up, and, in the instance of 
Day County, entirely obliterated. On the Indian Territory 
side of the state there was no local self-government except 
that which related to citizens of the Five Civilized Tribes, 
so counties had to be created throughout this section. 

32 . The County Seat. The place where the county govern¬ 
ment is administrated is called the county seat. Here, at a 
building termed the courthouse, the county business is trans¬ 
acted, and here the district and county courts hold their ses¬ 
sions. The county seat is located by the constitution just 
as the county boundaries, but it can be changed in the fol¬ 
lowing manner : twenty-five per cent of the electors of the 
county must petition for a change, whereupon the governor 
must issue a proclamation calling an election. If a majority 
of the votes cast shall be in favor of any town, such town 
shall thereafter be the county seat, unless the present 
county seat is within six miles of the geographical center of 
the county, in which case sixty per cent of the total votes 
cast is required to effect a change. If, however, the competing 
town is one mile nearer the center of the county than the 
present county seat, then the six-mile provision does not 
hold and a majority vote is sufficient to change to the com¬ 
peting city. The election officers to conduct a county-seat 
election must all come from another county. They are ap¬ 
pointed by the governor to take charge of every polling 
place and to count the votes. These provisions for holding 
a county-seat election have been most satisfactory. Oklahoma 


THE COUNTY 


21 


has avoided the countless bitter, and often bloody, county- 
seat wars that have stained the early history of other western 
states. The election is conducted by disinterested citizens, 
and no opportunity is given for ballot-box stuffing and frauds 
of a similar nature. 

33. County Government. Oklahoma’s constitution and stat¬ 
utes have created a threefold division of county government: 
executive, sheriff; legislative, county commissioners ; judicial, 
county judge. 

34. Sheriff. The sheriff is almost the only pure executive 
official known to the American polity, that is, he has no veto 
nor judicial authority. The sheriff’s duties are to preserve 
the peace within the county, to attend court, and to serve 
processes. He arrests criminals and has charge of juries, 
witnesses, and prisoners; he executes the sentence of the 
courts, and also serves writs not only for the district court 
but also for the county court and justices of the peace. He 
is the governor’s executive assistant in the county. The 
sheriff is elected for a term of two years, paid by fees. 

35. County Attorney. Like any large corporation, the 
county employs a regular attorney to act for it in all law¬ 
suits. He represents the people, i.e. the state, in all criminal 
prosecutions and is therefore often called the state’s attorney. 
The county attorney is the legal adviser of all county officials, 
and, in fact, of every township and city officer in the county 
in respect to county business. He is elected for a term of 
two years. 

36. The County Clerk. In some states the county clerk is 
called the recorder, and in others the auditor. He is secretary 
of the board of county commissioners and has charge of all 
county papers. All warrants, i.e. orders upon the treasurer. 


22 


OKLAHOMA SCHOOL CIVICS 


are issued by him. He is the bookkeeper for the county. 
He also makes up the tax roll after the assessors turn in 
their lists of taxable property to him. A copy of this tax 
roll is turned over to the county treasurer, to be followed in 
collecting each individual’s taxes. He is elected for a term 
of two years, at a salary ranging from five hundred dollars to 
sixteen hundred dollars, depending upon the population of 
the county. He is also allowed three hundred dollars addi¬ 
tional for making out the tax roll (chap, xi, § 175 ). 

37. The County Treasurer receives and pays out all funds 
with which the county government has to do. He collects 
all taxes for township, school, city, and state purposes. He 
pays out no money except upon a properly signed voucher, 
properly indorsed by the payee, and this paper is his receipt 
and proof of payment. The county treasurer is the only 
treasurer in the state who collects funds, excepting certain 
special taxes. He pays over the pro rata share of all 
money to the township, school, city, and state treasurer for 
disbursement. 

38. Register of Deeds. The transfer of real estate is 
counted such an important matter, and disputed titles to the 
land causes so much confusion, that the state provides for a 
man in each county to register the title of real estate. 
When a person buys real property he is given a deed. In 
order to prevent, as nearly as possible, all fraud in land titles, 
this deed is copied by the register of deeds in a public record 
book. In this way any one can learn exactly who owns the 
property. One should be careful to register a deed as soon 
as the land is purchased. If he does not, the grantor, if dis¬ 
honest, might sell the same property again. If the second 
person who gets the land is an innocent purchaser, he will 


THE COUNTY 


23 


hold title to the property, provided his deed is registered 
prior to that of the original purchaser, who then must look 
to the seller for satisfaction. The register of deeds also keeps 
a record of mortgages, leases, and other matters of general 
interest to the public. The boundaries of oil and mineral 
claims are here recorded. In fact, this officer keeps a record, 
when requested and a small fee is paid, of everything that 
pertains in any way to real estate titles or chattel mortgages. 
He also records the charter of a charter city, after it is ap¬ 
proved by the governor (chap, ii, § 12 ). 

39. The Surveyor. The duties of the county surveyor re¬ 
quire that he survey all public improvements, such as roads, 
lands, and public buildings. He is not paid a salary; his 
compensation depends upon the amount of work required of 
him. Election to this office generally gives the surveyor a 
standing in the community that brings him much private 
business. He settles disputes about boundary lines, plats, 
town sites, surveys for irrigation ditches, and seeks general 
employment during the periods when not employed by the 
county. 

40. Superintendent of Public Instruction. A school-teacher 
is generally chosen to the office of county superintendent of 
public instruction. This is the only county or township office 
that can be held by a woman. The county superintendent 
has general supervision over all the school-teachers in incor¬ 
porated towns and in rural districts. He certificates teachers 
who do not hold state certificates, apportions the school fund 
to the respective districts, decides on the boundary lines of 
new districts, and in general promotes the welfare of the school 
system of the county. He is required by law to visit every 
teacher under his supervision once a year during school hours. 


24 


OKLAHOMA SCHOOL CIVICS 


41. The Coroner. The Oklahoma constitution does not pro¬ 
vide for the office of coroner; a justice of the peace acts in his 
stead. Most English-speaking communities elect a coroner to 
take charge of the dead body of a human being found under 
circumstances which warrant the suspicion that the deceased 
came to his death by violence. He summons a jury and inves¬ 
tigates the cause of the death. The facts thus elicited, if any 
evidence of foul play is found, are turned over to an officer. 
There was once a time in England when the only county offi¬ 
cers were the sheriff and the coroner. The coroner then acted 
in the sheriff’s place when the latter was absent or incapaci¬ 
tated. This practice holds to-day. In many states the coroner 
is the only man who can arrest or serve a writ on the sheriff. 

42. The County Weigher. Previous to the adoption of 
the constitution there was an official known as county 
weigher in the Oklahoma portion of the new state. The 
first state legislature reestablished the office. The county 
weigher receives no salary, but his weights on cotton and 
grain are counted official, and the fees resulting from his 
office are considerable. This office is found in many west¬ 
ern and southern states. It is created in order to save the 
farmer from false weights and collusion of grain factors. 
He is elected for a term of two years. 

43. The County Board of Health. In each county there 
is a county board of health, whose duty it is to look after the 
general health of the community, abolish nuisances that are 
dangerous to the public health, quarantine persons afflicted 
with contagious diseases, and, in fact, to attend to all things 
necessary for the preservation of the public health. The 
members of the board are appointed by the county com¬ 
missioners for a term of two years. 


THE COUNTY 


25 


44. The Commission on Insanity. The county judge, a 
physician, and a lawyer constitute the commission on insanity. 
Persons thought to be insane are brought before this com¬ 
mission. If so adjudged, they are sent to the Hospital for 
the Insane at P'ort Supply or to the sanitarium at Norman. 
As soon as the East Side Insane Asylum is completed at 
Vinita, the state will no longer send insane patients to the 
Norman Sanitarium. If the. commissioners are convinced 
that relatives will take proper care of the insane patient, 
this is permitted, and the patient then does not become a 
charge on the state. These two commissioners, who are 
appointed to serve with the county judge, are chosen for a 
term of two years (chap, xiii, § 228 ). 

45. The County Physician. The county physician is elected 
by the board of county commissioners. He attends the sick 
at the poorhouse, and prescribes for the indigent sick else¬ 
where in the county, when instructed to do so by the county 
commissioners. He is appointed for a term of two years. 
His salary depends upon the service rendered. 

46. County Commissioners. The legislature of each county 
consists of three commissioners. In other states this body is 
frequently more numerous and is known under the name of 
supervisors or county court. But whatever the name may be, 
the functions vary but little. The commissioners of the county 
have general supervision of all roads and bridges, build¬ 
ings, and other county property. They also have the care 
of the poor. The commissioners determine the tax levy for 
their respective counties, and all bills must be allowed by 
them before being audited by the county clerk or paid by 
the treasurer. The county commissioners also compose the 
county board of equalization (chap, xi, § 174 ). They are 


26 


OKLAHOMA SCHOOL CIVICS 


elected for a term of two years. Their salary depends upon 
the population of the county. It ranges from one hundred 
and fifty to two hundred and fifty dollars per year. There is 
some other slight compensation in the way of mileage, etc. 

47. Initiative and Referendum. Measures passed by the 
county commissioners, like all other legislation in the state, 
are subject to direct review by the people of the county (see 
chap. viii). The manner of exercising the initiative and 
referendum according to the constitution " shall be prescribed 
by the general laws, except that boards of county commis¬ 
sioners may provide for the time for exercising this power 
as regards local legislation in their respective counties and 
districts (Art. V, sect. 5 ). 

48. The County Judge. The court over which the county 
judge presides has original jurisdiction concurrent " with the 
district court in civil cases in amount not exceeding one 
thousand dollars ” (Art. VII, sect. 12 ). It is a court of record 
and has exclusive jurisdiction in all civil cases in which more 
than two hundred and less than five hundred dollars is in¬ 
volved. It also has the general jurisdiction of the probate 
court. It probates wills, appoints guardians of minors, idiots, 
lunatics, persons non compos mentis^ and common drunkards ; 
grants letters testamentary and of administration, and trans¬ 
acts all business appertaining to the estates of deceased 
persons, minors, idiots, etc. The county judge also conducts 
the juvenile court. On certain days only youthful offenders 
are tried. Thus children are not contaminated by association 
with hardened criminals. In civil cases six electors compose 
a jury, and three fourths can render a verdict. In criminal 
cases the county judge’s authority is about the same as that 
of a justice of the peace. He can act as examining and 



THE COUNTY 


27 

committing magistrate in all criminal cases (Art. VII, sect. 
17 ) (see chap, i, § 9 ). 

49. County Superior Court. In each county of thirty thou¬ 
sand population, in which there is a city of eight thousand, 
a superior judge is elected. This judge has concurrent juris¬ 
diction with the district and county courts, except he has no 
probate powers. His term is four years, and his salary is the 
same as that of the county judge in the county where he pre¬ 
sides. At present ( 1909 ) but five counties have such courts — 
Oklahoma, Logan, Pottawatomie, Pittsburg, and Muskogee. 

50. Eleemosynary Institutions. The several counties of 
the state shall provide, as may be prescribed by law, for 
those inhabitants who, by reason of age, infirmity, or misfor¬ 
tune, may have claims upon the sympathy and aid of the 
county (Art. XVII, sect. 3 ). Most counties have a poor- 
house, or some other way to provide for the indigent within 
their borders. In densely populated counties these eleemosy¬ 
nary institutions are much more numerous, and the charity 
work is much more highly organized than in Oklahoma, 
where as yet there is little need of it. 


CHAPTER IV 


HOW TERRITORIES BECOME STATES — ENABLING 
ACT FOR OKLAHOMA 

51 . New States. The federal Constitution provides (Art. 
IV, sect. 3) that " new states may be admitted by the Con¬ 
gress into the Union ” ; and the next sentence of the same 
section states that " The Congress shall have power to dis¬ 
pose of and make all needful rules and regulations respect¬ 
ing the territory or other property of the United States ” 
(Boynton, p. 143). It was under this latter clause that Okla¬ 
homa was created a territory in 1890 by the passage of an 
organic act, i.e. an act organizing the territory (Boynton, 
p. 144). The portion of the state opened for settlement the 
previous year (1889) was a few counties west of the Creek 
and Seminole nations and north of the Chickasaws, to which 
the Panhandle was attached. Tract after tract was added to 
this nucleus until all the western half of the present com¬ 
monwealth was known as Oklahoma Territory. 

52 . Territorial Government. While under this form of fed¬ 
eral tutelage the citizens enjoyed many liberties, although two 
very important functions were denied them. These were the 
right to choose their executive with all his heads of depart¬ 
ments and assistants, and to say who should be their judges 
and other court officials. Likewise, the single delegate sent 
to Congress had no vote. But the people of the territory 
were given local self-government in the townships, cities, 
and counties. They elected their own legislature and had 


HOW TERRITORIES BECOME STATES 


29 


control of the taxes levied and moneys expended (Boynton, 
pp. 144-145). Territorial government is similar in form to 
that of a state. The exceptions above noted are the chief 
differences. These differences are minimized when the 
men appointed reside in the section over which they are to 
preside. Notwithstanding, a territorial form of government 
is far from self-government. The only way that a corrupt 
or inefficient appointee can be removed, is to convince the 
President of his incompetency. This is frequently very hard 
to do, since it is almost impossible to arrive at the exact truth 
in such cases. However, the government of Oklahoma Terri¬ 
tory was in the main satisfactory, and was, in general, the 
same as that adopted by the delegates of the people when 
they met to form a state government. 

53 . Indian Territory. The enabling act that passed Con¬ 
gress June 14, 1906, extended the boundaries of the state 
about to be formed, to include Indian Territory. This section 
of the present state of Oklahoma had never had a territorial 
form of government. In the early years of the nineteenth 
century the region now embraced in the state of Oklahoma 
had been set apart for an Indian empire. The Five Civilized 
Tribes (Cherokees, Creeks, Seminoles, Choctaws, and Chicka- 
saws) were settled here. They formed tribal governments, 
republican in form, that were fairly efficient. Notwithstanding 
the fact that other tribes and remnants of tribes subsequently 
settled in this section, the population grew very slowly. 
Much of the land remained unoccupied, some of which the 
Indians receded to the government, thus affording land for 
the first opening ” in 1889. But the white men who moved 
upon these receded tracts were not the only ones who came 
into the Indian country. At first they came in slowly, later by 


30 


OKLAHOMA SCHOOL CIVICS 


the thousands. White interlopers moved into the territory of 
the Civilized Tribes. These whites were not always welcome, 
yet they were tolerated. They worked the Indian lands, de¬ 
veloped rich mines, and settled in the towns, but these white 
men had no standing in the tribal courts. They were recog¬ 
nized in no way by the tribal law. Such an anomaly could 
not long exist; and the federal government, in spite of the 
Indians’ treaty rights, was forced to step in and give the 
white population legal recognition. This was done through 
the Bureau of Indian Affairs and the Dawes Commission. 

54 . Bureau of Indian Affairs. Previous to 1871 each 
Indian tribe was treated as a foreign nation, but in that 
year a bill was passed making them wards of the nation. 
Their interests are now looked after by the Bureau of In¬ 
dian Affairs (Boynton, p. 213), under the secretary of the 
interior. A board of Indian commissioners oversees the ex¬ 
penditures of money and inspects the goods purchased for 
all agency Indians. Inspectors visit the agencies and examine 
into the condition of the various tribes. Agents are appointed, 
who, with the help of teachers, mechanics, and farmers, 
promote the Indians’ welfare intellectually and industrially. 
Indian schools are maintained at every agency. The institu¬ 
tions for the more advanced students are supported at vari¬ 
ous places throughout the country. The schools at Carlisle, 
Pennsylvania, and Hampton, Virginia, are especially famous. 
Because of Oklahoma’s large Indian population it has had 
much to do with the Department of the Interior and the 
Bureau of Indian Affairs. 

55 . The Dawes Commission. A division of the Depart¬ 
ment of the Interior is a committee of three men, organized 
in 1893, to look after the interests of the Five Civilized 


HOW TERRITORIES BECOME STATES 


31 


Tribes. Its main ofifice is in Muskogee. Previous to the 
establishment of the Dawes Commission, government in the 
Indian Territory was in a chaotic condition. United States 
marshals tried to keep order, and would take offenders off 
to P'ort Smith, Arkansas, or to Texas to stand trial in the 
federal courts. There were no taxes, and consequently no 
public roads or bridges, and no public schools supported by 
the white residents. The Indian schools soon became crowded 
and white children were shut out altogether. Private enter¬ 
prise was at a low ebb, because the Indians owned the land. 
Treaties were finally obtained by the general government 
from all the tribes, in which the Indians agreed to take their 
lands in severalty. In 1898 Congress extended the laws of 
Arkansas over Indian Territory, and the same year the en¬ 
rollment of Indians began. The allotment of separate farms 
to every man, woman, and child had progressed so rapidly 
that in 1907 the Indian governments ceased to exist. Indian 
citizens had become American citizens. 

56 . Removal of Restrictions. After an Indian, inter¬ 
married citizen, or freedman had been put upon the tribal 
roll he was given a definite plot of land, the number of 
acres allotted varying according to the class of the land. 
(Freedmen were not placed upon exactly the same plane as 
others on the rolls.) Land thus allotted was not to be sold 
for twenty-one years. From time to time, however. Congress 
removed the restrictions from certain classes of citizens. 
The Dawes Commission, under the secretary of the interior, 
was given authority to determine when the necessary condi¬ 
tions had been met. Still progress was greatly handicapped 
by the fact that the title to nine tenths of the country could 
not be had, and highly educated Indians were not allowed to 


32 


OKLAHOMA SCHOOL CIVICS 


dispose of their holdings. In May, 1908, however, a bill was 
approved by the President, removing the restrictions from 
ten million acres. The act provided that intermarried 
whites, freedmen, and mix-blood Indians having less than 
half Indian blood, including minors, shall be free from all 
restrictions. This puts an immense dominion subject to 
taxation, but, better than this, it marks the full recog¬ 
nition of the fact that these Indians are no longer wards 
of the nation, but true American citizens, — free in every 
particular. 

57 . Indian Territory School System. By the terms of 
the Curtis Act, passed in 1898, a system of schools for white 
children was established in the P'ive Civilized Tribes. Indians 
also attend these free schools if they so desire, although 
most of them choose to attend tribal schools. Separate 
schools have always been provided for negroes. A superin¬ 
tendent of schools for the Indian Territory was appointed ; 
and four supervisors of education —^ one each for the Chero- 
kees. Choctaws, and Chickasaws, and one for the Creeks and 
Seminoles — were given direct charge of the free schools of 
these nations. The federal government appropriated funds 
to carry on the work in rural communities, and each locality 
was expected to assist in some way in meeting the expenses 
of the school. The incorporated cities of the Indian Terri¬ 
tory had sufficient taxable property to maintain a system of 
schools without federal aid. In 1908 Congress appropriated 
three hundred thousand dollars for the maintenance of these 
schools for the year. By the cooperation of the federal 
authorities with the county superintendents, localities that 
could have almost no school are now able to have a full 
term. When the last restriction bill comes into full effect 


HOW TERRITORIES BECOME STATES 


33 

it is believed that there will be sufficient taxable land to 
support the schools, when federal aid will naturally cease. 

58 . Admission of Territories. States are usually admitted 
into the Union in one of two ways. Congress may pass an 
"enabling act" by which the people are allowed to form a 
state constitution (Boynton, pp. 231-232). In this constitu¬ 
tion certain provisions must be incorporated, which are set 
forth in the enabling act. Most of the states of the Union 
have been admitted in this way. Other territories have be¬ 
come states by submitting to Congress a constitution that 
meets the approbation of that body. Upon the approval of 
the constitution thus submitted the territory becomes a state. 
Michigan, Kansas, and Oregon came into the Union by 
this method. 

59 . The Oklahoma Enabling Act. Oklahoma was admitted 
by the former method. An enabling act was passed, set¬ 
ting forth certain conditions that must be met by the ter¬ 
ritories before the President could proclaim them a state. 
Other restrictions were put upon the new commonwealth, 
which, if infringed, will be enforced through the federal 
courts. We present a detailed digest of this act, because, on 
its acceptance, the enabling act became a part of the consti¬ 
tution. The following ordinance of acceptance was passed 
by the convention: "Be it ordained by the constitutional 
convention for the proposed state of Oklahoma, that said 
constitutional convention do, by this ordinance irrevocable, 
accept the terms and conditions of an act of Congress of 
the United States, entitled. An act to enable the people 
of Oklahoma and the Indian Territory to form a constitution 
and state government and be admitted into the Union on an 
equal footing with the original states." 


34 


OKLAHOMA SCHOOL CIVICS 


60 . Provisions of the Enabling Act. Some of the more 
important provisions of the enabling act follow: Plural 
marriages are forever prohibited in Oklahoma; no act can 
be passed infringing perfect religious toleration ; right of 
suffrage cannot be abridged on account of race, color, or 
previous condition of servitude ; rights and property of the 
Indians in the two territories can in no way be impaired ; 
sale of liquor in Indian Territory, Osage Nation, and all 
Indian reservations in existence after January i, 1908, is 
prohibited for twenty-one years, but the state legislature 
may authorize the establishment of dispensaries where liquor 
may be sold for scientific, medicinal, and industrial purposes. 
The state legislature may authorize one agency in each town 
of not less than two thousand population for the sale of liquor, 
and one in each county not containing a town of two thou¬ 
sand population ; druggists may be allowed to sell liquor in 
restricted territory for medicinal purposes, but the sales must 
be registered upon the affidavit of the purchaser, and the drug¬ 
gist’s bond must be one thousand dollars to secure rigid en¬ 
forcement of the law ; separate schools for white and colored 
children may be established if desired ; two United States 
senators and five congressmen are allowed the state; the 
constitutional convention was to consist of one hundred and 
twelve delegates ; one hundred thousand dollars was donated 
by Congress to pay the expenses of organizing the state gov¬ 
ernment ; Oklahoma is to have two federal district courts ; 
one million fifty thousand extra acres of public land was 
given to the state; if the school lands are sold, it shall be by 
appraisal and sale in tracts of one hundred and sixty acres or 
less at public auction ; five million dollars is added to the 
state’s permanent school fund because of Indian Territory’s 


HOW TERRITORIES BECOME STATES 


35 


lack of school lands ; section 3 3 is reserved for public build¬ 
ings ; the other public lands are reserved for common schools 
and state colleges ; reserved mineral lands of the state may 
be leased, but shall not be sold prior to January i, 1915. 
The government of the state must be republican in form. 


CHAPTER V 


OKLAHOMA CONSTITUTION — BILL OF RIGHTS 

61 . The Constitutional Convention. The delegates elected 
under the foregoing Enabling Act met in Guthrie, November 
20, 1906. The convention was in session until July 16, 1907, 
but not continuously. The constitution adopted by these dele¬ 
gates is the longest document of its kind in this country. 
Because of the peculiar relations of the two territories that 
composed the new state, much material had to be inserted 
that quite naturally would not occur in similar documents. 
But the very nature of the instrument itself compelled that 
it be lengthy and detailed (Boynton, p. 269). 

62 . The Oklahoma Constitution. The Oklahoma consti¬ 
tution was ratified by the electors of the two territories, 
September 17, 1907. On November 16, the same year, 
statehood was proclaimed by the President. Previously the 
document had been subjected to a rigid examination by 
President Roosevelt and Attorney-General Bonaparte, his 
legal adviser, to see whether or not the charter squared with 
the Constitution of the United States and the enabling act. 
Owing to the length of the document only the most impor¬ 
tant phases will be discussed here. 

63 . The Preamble. " Invoking the guidance of Almighty 
God, in order to secure and perpetuate the blessing of lib¬ 
erty; secure just and rightful government; promote our mutual 
welfare and happiness, we, the people of the state of Okla¬ 
homa, do ordain and establish this constitution.” The phrase 

36 


OKLAHOMA CONSTITUTION 


37 

invoking the aid of Almighty God was expressly inserted to 
show that Oklahoma is a God-fearing, Christian republic. 

64 . Contents of the Oklahoma Constitution. In general 
form the Oklahoma constitution is very similar to that of 
the nation. It consists of twenty-four articles and a " sched¬ 
ule ” ; also the prohibitory amendment and a resolution 
adopting the Constitution of the United States, and another 
accepting the enabling act. Most of the articles are in turn 
divided into sections. After the preamble the articles in turn 
take up the various topics as follows : I, Federal relations; 
II, Bill of Rights; III, Suffrage; IV, Distribution of pow¬ 
ers ; V, Legislative department; VI, Executive department; 
VII, Judicial department; VIII, Impeachment and removal 
from office; IX, Corporations ; X, Revenue and taxation ; 
XI, State and school lands; XII, Homesteads and exemp¬ 
tions; XIII, Education; XIV, Banks and banking; XV, 
Oath of office; XVI, Public roads, highways, and internal 
improvements; XVII, Counties; XVIII, Municipal corpo¬ 
rations ; XIX, Insurance ; XX, Manufacture and commerce ; 
XXI, Public institutions ; XXII, Alien and corporate owner¬ 
ship of lands ; XXIII, Miscellaneous ; XXIV, Constitutional 
amendments. Then follows the " schedule ” under which 
the instrument is signed, and following this are the prohibit¬ 
ory provision, which was voted upon separately, and the two 
resolutions above noted. 

65 . Federal Relations. The seven sections of Article I 
are chiefly statements accepting the conditions of the ena¬ 
bling act. "The state of Oklahoma is an inseparable part of 
the federal Union, and the Constitution of the United States 
is the supreme law of the land " (Art. I, sect. i). This is an 
apt expression of the present relation of the state to the 


38 


OKLAHOMA SCHOOL CIVICS 


Union. It is only since the Civil War that the states have 
fully realized that they are an inseparable part of the Union. 

66 . The Oklahoma Bill of Rights. In the Oklahoma con¬ 
stitution (Art. II) the Bill of Rights (Boynton, p. 243) bears 
the very place of honor in the state’s basic law. It is much 
more detailed than is the Bill of Rights in the federal Con¬ 
stitution. Of the thirty-three sections in this Bill of Rights 
we will merely discuss the few that differ widely from those 
found in the constitutions of other states. 

67 . Habeas Corpus. " The privilege of the writ of habeas 
corpus (Boynton, pp. 15 3-154) shall never be suspended by 
the authorities of the state ” (Art. II, sect. 10). This clause 
in the Bill of Rights is one of its radical departures. Article I, 
sect. 9, of the federal Constitution states that " The privilege 
of the writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion, the public safety shall 
require it.” The Oklahoma constitution makes no exceptions. 
The writ of habeas corpus is never to be suspended. 

68. Trial by Jury. Juries in courts of record, that is, a 
higher court where felonies are tried, consist of twelve men. 
In a justice court (chap, i, § 9) or a county court (chap, iii, 
§ 46) six men can try a case. A case not involving twenty 
dollars is usually first tried in one of these lower courts, be¬ 
cause the expense is much less than in a district court; but 
wherever the case is first tried the constitution expressly pro¬ 
vides that laws may be provided limiting appeals in cases 
” involving less than twenty dollars.” This is to prevent 
clogging a higher court with trivial business. In all civil 
suits, and also in all criminal cases, except where the death 
penalty or a penitentiary sentence may follow conviction, 
when a unanimous decision is required, three fourths of the 


OKLAHOMA CONSTITUTION 


39 


jury can decide the case. This clause in our constitution is 
a radical departure from the English law, which always de¬ 
manded a unanimous decision. Its purpose is to make it 
easier to transact court business by avoiding so many di¬ 
vided juries. 

69 . Contempt of Court. Contempt of court arises generally 
from violating some court order. Sometimes contempt of court 
is held to be talking or writing disrespectfully of a judge or 
his decisions. This kind of contempt can be adjudged through 
the law of libel, but orders in chancery or equity have always 
been dealt with by the judge. The person accused of break¬ 
ing the order is brought into court. The judge makes the 
investigation and assesses the punishment. Men are not in¬ 
frequently sentenced to long terms in jail or to pay large 
fines in this summary fashion. As a rule Americans are very 
careful whom they elect as judges, yet, to make doubly sure, 
personal liberty as already safeguarded by the Bill of Rights 
provides as follows : " Every one accused of violating an in¬ 
junction or other restraining order of a court is now allowed 
a trial by jury, provided the alleged contempt is not com¬ 
mitted in the presence of the court.” This contempt pro¬ 
vision in the Oklahoma Bill of Rights presents, possibly, 
the most radical provision in the constitution of the state. 
It is well to note, however, that the judge can impose penal¬ 
ties for contempt committed in his presence. Only in this 
way could the authority and dignity of the court be main¬ 
tained (Art. II, sect. 25). 

70 . When Incriminating Evidence can be Required. It is 
an old rule of law that a person shall not be compelled to 
give evidence that will render him liable to a criminal prose¬ 
cution, and this is the general rule in Oklahoma (Art. II, 


40 


OKLAHOMA SCHOOL CIVICS 


sect. 2i). But this section of the Bill of Rights must be 
read in connection with section 71. It is there stated that 
under certain circumstances incriminating evidence must be 
given, but the one giving such evidence cannot be prose¬ 
cuted or subject to any penalty for matters thus revealed. 
This is another provision to prevent overriding the law. 

71 . Books of All Corporations can be Investigated (Boyn¬ 
ton, p. 216). At all times the records, books, and files of all 
corporations shall be " liable and subject to the full vish 
torial and inquisitorial powers of the state, notwithstanding 
the immunities and privileges in this Bill of Rights secured 
to the persons, inhabitants, and citizens thereof” (Art. II, 
sect. 28). Another section (30) of this article provides 
that no search warrant shall issue except upon probable 
cause, and in no way are the citizens of Oklahoma subject to 
any such thing as the Writs of Assistance that distracted our 
fathers in colonial days. But this section provides that cor¬ 
porations shall be subject to just such inquisitorial powers in 
regard to their books. The Oklahoma constitution provides 
that the right of search does extend to corporations. The 
reason for this is that corporations are created by the state, 
and therefore should be subject to the full visitorial and 
inquisitorial powers of the state (chap, xiv, § 243). 

72 . No Person shall be Transported. No person shall be 
transported out of the state for any offense committed within 
the state, nor shall any person be transported out of the state 
for any purpose, without his consent, except by due process of 
law; but nothing in this provision shall prevent the operation 
of extradition laws, or the transporting of persons sen¬ 
tenced for crime, to other states for the purpose of incarcera¬ 
tion (Art. II, sect. 29). It is contrary to public policy to allow 


OKLAHOMA CONSTITUTION 


41 


citizens of one state to be seized and transported to another 
for trial, yet it has been done in other states. The Oklahoma 
constitution peremptorily forbids such abuses. However, if 
one commits a crime and flees to this state, on a proper show¬ 
ing he must be promptly surrendered for trial in the state 
where the offense occurred. This giving up of persons ac¬ 
cused of crime is termed extradition. The English Bill of 
Rights of 1689 and the Bill of Rights found in the first ten 
amendments to the national Constitution contain all other 
essential provisions of the other articles of the Oklahoma 
Bill of Rights. 


CHAPTER VI 


LEGISLATIVE DEPARTMENT, SENATE AND HOUSE OF 
REPRESENTATIVES 

73 . Threefold Division of Government. The powers of 
the government of the state of Oklahoma are divided into 
three separate departments, — the legislative, executive, and 
judicial; and except as provided in the constitution, these 
departments must be separate and distinct, and neither shall 
exercise the powers properly belonging to either of the others 
(Art. IV, sect, i) (Boynton, p. 269). 

74 . The Legislative Authority of the State. The constitu¬ 
tion vests the legislative authority of the state in a legislature 
(Boynton, p. 272), consisting of a senate and a house of 
representatives; but the people reserve to themselves the 
power to propose laws and amendments to the constitution, 
and to enact or reject the same at the polls independent of 
the legislature, and also reserve power, at their own option, 
to approve or reject at the polls any act of the legislature 
(Art. V, sect. i). Thus the legislative function in Oklahoma 
is divided among four distinct sources of power, — one more 
than we find in the federal government, — as follows: 
(i) house of representatives; (2) senate; (3) governor, by 
veto power (chap, viii, § iii) ; (4) the people, by initiative 
and referendum (chap. vii). There is no special need for a 
two-chambered legislature in the states, as both houses are 
elected directly by the people. In all the states except Rhode 
Island and North Carolina the governor has the right of veto. 

42 


LEGISLATIVE DEPARTMENT 


43 


75 . Initiative and Referendum. The initiative is nothing 
more than a petition, signed by a certain number of legal 
voters, that must be heeded. The referendum is the people’s 
veto or approval of the acts of the legislature. The constitu¬ 
tion says that if the governor approve a law he shall sign it. 
If he does not approve he vetoes it, that is, forbids it. If the 
people approve a law they vote for it, if not, they vote against 
it. All laws are not submitted to the people for an expres¬ 
sion of their opinion, but practically all legislation can be 
submitted to them if they so desire (see chap. vii). 

76 . Senatorial Districts. The state is divided into thirty- 
three senatorial districts, each of which elects one senator, 
while eleven of these districts are allowed an extra senator, 
making forty-four in all. If any county becomes entitled to 
more than two senators, because of its increased population, it 
is given this extra representation in addition to the forty-four 
(Art. V, sect. 9 a). As near as possible the senatorial districts 
are to contain an equal number of inhabitants^ which number 
is to be obtained by the latest federal census, or in such man¬ 
ner as the legislature may direct. These districts must be 
compact, must consist of contiguous territory, and cannot be 
altered from one ten-year period to another. No county can 
be divided to form a senatorial district, unless it is to make 
two or more districts in said county. Nor can a city or ward 
be divided to form a district. These provisions obviate to a 
great extent the possibilities of gerrymander (Boynton, p. 103). 

77 . Term of Office of Senators. The term of office of 
each senator is four years. But as only half the senators go 
out of office every two years, the term of those chosen at 
the first election from the even-numbered districts expired 
fifteen days after the regular election in 1908. Those from 


44 


OKLAHOMA SCHOOL CIVICS 


the odd-numbered districts hold their office until the fifteenth 
day after the election in 1910. Where two senators came 
from the same district they had to cast lots for the long 
and short term. 

78 . Senators: their Qualifications. Senators must be at 
least twenty-five years of age, must be electors of their re¬ 
spective districts, and must reside there during their terms 
of office (Art. V, sect. 17) (Boynton, p. 272). 

79 . Senate: its Officers. The lieutenant governor (Boyn¬ 
ton, p. 274) is president of the senate, but has only a casting 
vote in case of a tie. The senate chooses one of its own 
members president pro tempore, who presides in the absence 
of the lieutenant governor. It also provides for necessary 
clerks, sergeants-at-arms, doorkeepers, pages, and a post¬ 
master. The constitution likewise makes this very important 
provision : " The senate shall provide for all its standing com¬ 
mittees and, by a majority vote, elect the members thereof ” 
(Art. V, sect. 98). The power to choose legislative com¬ 
mittees is one of the most important in the state. In the 
nation it has made the speaker (Boynton, p. 171) of the 
house of representatives almost as powerful as the Presi¬ 
dent, and in Oklahoma this power allowed the speaker greatly 
enhances his authority (chap, vi, § 83). The senate, however, 
allows no one man to appoint its standing committees and 
thereby control legislation. 

80 . The Senate: its Executive Powers. The United 
States Senate has many executive powers (Boynton, p. 149). 
Chief of these is its power to pass on all appointments of the 
President. Since in Oklahoma most of the administrative 
officers under the governor are elected, the state senate has 
no such wide executive powers. Such a right only comes to 


LEGISLATIVE DEPARTMENT 


45 

it when the law creating the office specifies that the official 
appointed under it shall be confirmed by the senate. 

81 . Representative Districts: Term of Office: Apportion¬ 
ment. The total population of the state is divided by one 
hundred, and legislative districts are established, each con¬ 
taining, as nearly as possible, this number of inhabitants. 
But the membership in the house of representatives will 
always be considerably larger than one hundred, because if 
any representative district has a sufficiently large fraction 
left over, it will be given additional representation (Art. V, 
sect. lo). Representatives are elected in the even years and 
hold office for two years. Each county is given at least one 
representative, if it has sufficient population to in any way 
warrant it (Boynton, p. 273). 

82 . Representatives: their Qualifications. Members of 
the house of representatives in Oklahoma must be twenty- 
one years of age at the time of their election. They also, 
like the senators, must be qualified electors in their respec¬ 
tive counties or districts, and must reside therein during 
their term of office. 

83 . Speaker. The constitution provides that the house 
of representatives shall, at the beginning of each regular 
session, and at such other times as may be necessary, elect 
one of its members speaker (Art. V, sect. 29). It is to be 
observed that the speaker, unlike the lieutenant governor, is 
a regularly elected member of the body over which he pre¬ 
sides. If he chooses to exercise his right, he has a vote upon 
every question that comes before the body. The powers of 
the speaker in shaping legislation are extensive. This is 
because of the rule of the house allowing him to appoint 
all standing committees. By this means the speaker sees to 


46 


OKLAHOMA SCHOOL CIVICS 


it that men favorable to his ideas are put in the majority upon 
all important committees. All legislative measures must be 
first passed upon by some one of these committees before 
the house considers them. If the committee to which a bill 
has been referred approves of it, then it is reported back to 
the representatives for consideration ; if the committee does 
not approve, it refuses to report the bill and it is " strangled ” 
in the committee. It is easy to understand, if the speaker has 
control of a majority of all committees, that only such bills as 
he approves can become laws. The extensive authority of 
the Oklahoma speaker is based on the wide powers granted 
the presiding officer of the federal lower house. However, it 
is well to note that the extensive powers of the speaker rest 
upon the consent of the members of the house. If at any 
time a majority decides to clip his dictatorial powers, it can 
be done easily. The other officers of the house are about 
the same as those of the senate (Boynton, pp. 171-173). 

84. Adjournment and Special Sessions. Neither house 
during the session of the legislature shall, without the con¬ 
sent of the other, adjourn for more than three days, and 
cannot adjourn to any other place than that in which the two 
houses shall.be sitting (Art. V, sect. 30). But in case of a 
disagreement between the two houses, with respect to the 
time of adjournment, the governor may adjourn them to 
such time as he may deem proper. He can also convoke the 
legislature, or adjourn it to another place, when in his opinion 
the public safety or the safety or health of the members 
require it. 

85. Revenue Bills. All bills for raising revenue must 
originate in the house of representatives. The senate may 
propose amendments to revenue bills. This is in accordance 


LEGISLATIVE DEPARTMENT 


47 


with the federal Constitution, which requires that all revenue 
bills originate in the lower house (Boynton, p. 147). The 
reason for this is that the house of representatives is much 
nearer the people than the senate; but this explanation is 
not of so much force in any state legislature, where both 
senators and representatives are elected directly by the people. 
No revenue bill shall be passed during the last five days of 
the session (Art. V, sect. 38). 

86. Each House Sole Judge of its Own Members. Each 
house is judge of the election, returns, and qualifications 
of its own members (Art. V, sect. 30). This means that 
neither the courts nor the executive have anything to say as to 
whether a person has been elected a member of either house, 
or whether the conduct of a member after election is such 
that he can continue to serve. This provision is in the con¬ 
stitution, in order to keep the legislature an absolutely distinct 
branch of the government. However, it takes two thirds to 
expel a member (Art. V, sect. 30). 

87 . Salary. Members of the legislature receive six dollars 
per day during the sessions of the legislature, and ten cents 
per mile for every mile of necessary travel in going to and 
returning from the place of meeting, on the most usual route. 
They shall receive no other compensation. It is also pro¬ 
vided that after sixty days of each session have elapsed they 
can receive,but two dollars per day. This is to induce them 
to finish up the business of the legislature and adjourn as 
soon as possible (Art. V, sect. 21). 

88. Vacancies. The governor shall issue writs of election 
to fill such vacancies as may occur in the legislature (Art. V, 
sect. 20). Other vacancies are generally filled by appoint¬ 
ment, but the members of the legislature must always be 


48 


OKLAHOMA SCHOOL CIVICS 


elected. By this provision the legislature is kept a distinct 
branch of the government. The members have the people 
who elect them to thank for their office, and no one else 
(Boynton, p. 105, concerning vacancies in Congress). 

89 . No Member to Vote if Personally Interested in a Bill. 
The constitution provides that a member of the legislature 
who has a personal or private interest in any measure or bill 
proposed or pending before the legislature shall disclose the 
fact to the house of which he is a member, and shall not 
vote thereon (Art. V, sect. 24). 

90 . Quorum. A majority of each house constitutes a 
quorum to do business ; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attend¬ 
ance of absent members, in such manner and under such 
penalty as each house may provide (Art. V, sect. 30). 

91 . Journal of Proceedings. Each house shall keep a 
journal of its proceedings, and from time to time publish the 
same. The yeas and nays of the members of either house 
on any question, at the desire of one fifth of those present, 
shall be entered upon its journal (Art. V, sect. 30). By this 
means is the public informed of what goes on in the legisla¬ 
ture. There are also public galleries in each of the chambers, 
where citizens may attend the session of either the senate or 
the house, and personally observe how their legislators conduct 
public business. 

92 . Joint Sessions. United States senators are elected by 
the legislature in joint session, the lieutenant governor and 
speaker presiding jointly. The legislature in joint session 
canvasses the vote for all elective state officers, the one hav¬ 
ing the highest number of votes being declared elected. In 
case of a tie vote between two or more candidates, the 


LEGISLATIVE DEPARTMENT 


49 

legislature shall forthwith, by joint ballot, choose one of the 
persons having an equal number of votes for said office. 

93 . How Laws are Passed. Every bill shall be read on 
three different days in each house. No bill shall become a 
law unless, on its final passage, it is read at length, and a 
majority of all the members elected to each house vote in its 
favor. The question upon final passage shall be taken upon 
its last reading, and the yeas and nays shall be entered upon 
the journal (Art. V, sect. 34). 

94 . Every Act to have an Express Title. Every act of 
the legislature shall embrace but one subject, which shall be 
clearly expressed in the title, except general appropriation 
bills, general revenue bills, and bills adopting a code of laws 
(Art. V, sect. 57). This provision is to prevent the slipping 
through the legislature of objectionable measures by the use 
of false titles. It also prevents the use of " riders,” i.e. tack¬ 
ing on to a good bill things that are opposed by many. 

95 . Emergency Legislation. No act shall take effect until 
ninety days after the adjournment of the session at which 
it was passed, except enactments for carrying into effect 
provisions relating to the initiative and referendum, or gen¬ 
eral appropriation bills, unless, in case of emergency to be 
expressed in the act, the legislature, by a vote of two thirds 
of all members elected to each house, so direct. Emergency 
bills only include measures immediately necessary for the 
preservation of the public peace, health, or safety. Emer¬ 
gency measures may be vetoed by the governor, but they may 
be passed over the veto by a three-fourths vote of each house. 
It takes but a two-thirds majority to pass an ordinary measure 
over the governor’s veto. Emergency bills are not subject to 
referendum (chap, vii, § 103). 


CHAPTER VII 


LEGISLATIVE DEPARTMENT, INITIATIVE AND 
REFERENDUM 

96. Principle of Direct Legislation. The one great object 
of Oklahoma’s constitution builders was to bring the govern¬ 
ment as near to the people as possible. It would be abso¬ 
lutely out of the question in any large and populous state, to 
have all the people meet in a single primary assembly and 
enact laws. To overcome this, another system of pure de¬ 
mocracy has been devised. By means of the initiative any 
citizen can frame a law, and if a sufficient number of electors 
join with him and sign this law, it must be presented to the 
voters of the state. At this referendum (election) this law is 
either adopted or rejected. Oklahoma’s constitution contains 
such provision. 

97. The Initiative. The initiative is really nothing but a 
petition addressed to the governor, which must be heeded, 
if it is presented in legal form. The governor must then 
appoint a day for the vote to be taken upon this measure. 
♦Thus if the Oklahoma legislature neglects or refuses to pass 
laws that are demanded, the people have a means of obtain¬ 
ing the desired legislation. Only qualified electors can sign 
an initiative petition. Eight per cent of the legal voters have 
the right to propose any legislative measure, but fifteen per 
cent of the legal voters must sign the petition, if the'pro¬ 
posed measure is an amendment to the constitution (Art. V, 
sect. 2). If any measure is proposed by initiative and fails, 

50 


INITIATIVE AND REFERENDUM 


51 


then a petition of twenty-five per cent of the qualified electors 
must be obtained before a referendum can again be held on 
the same question within three years (Art. V, sect. 6); but 
if one is willing to wait three years before initiating the same 
measure, then the usual per cents hold as at first. The reason 
for this large per cent of signers in order to obtain a rehear¬ 
ing is to prevent worrying the people with the reconsideration 
of a measure but recently voted upon. The ratio and per cent 
of legal voters are based upon the number of votes cast for 
all candidates who, at the last general election, ran for the 
" state office that received the highest number of votes.” 

98 . What the Governor does with the Initiative Petition. 
The governor submits said initiative petition to the voters of 
the state. The style or heading of all referenda must be : 
"Be it enacted by the people of the state of Oklahoma.” 
This vote is termed a referendum, and must be taken at the 
next regular election throughout the state, except when the 
legislature or the governor shall order a special election for 
the express purpose of making such reference. If a majority 
of the votes cast are for the measure, it takes effect and is 
in force immediately (Art. V, sect. 3). 

99 . Governor cannot veto an Initiated Law. The governor 
cannot veto an act passed by the people, but the legislature 
can repeal such a statute just as it can any other law. Of 
course, if the people pass a constitutional amendment by 
initiative and referendum, the legislature cannot alter this any 
more than it can any other portion of the constitution. The 
governor is not allowed to veto an act passed by initiative 
and referendum, because it is not contemplated, that one 
man should interpose his will against that of the whole 
people. 


52 


OKLAHOMA SCHOOL CIVICS 


100. Why the Legislature can repeal an Initiated Statute. 

If the constitution had not provided that the legislature could 
repeal statutes passed by initiative and referendum, it is doubt¬ 
ful whether our constitution would have been proclaimed as 
in accordance with the enabling act, which provides that the 
government of the state must be republican in form. If the 
representatives of the people had not been given this author¬ 
ity, then the constitution would have been democratic instead 
of republican in this respect, and just that much out of accord 
with the enabling act (Art. V, sect. 7). 

101. The Referendum. The referendum is an election. 
We have seen that the initiative is a petition framed as a law. 
It is without force or value until enacted into law by a majority 
at a referendum. But the referendum is not only used to 
enact statutes and constitutional amendments framed by ini¬ 
tiative petition ; it is also used to prevent laws that the people 
do not want. If the legislature passes a law that the people 
do not want, a means has been provided by the constitution 
for the people to veto the measure. Such a referendum vote 
may be ordered in two ways : first, by the people, when the 
legislation is considered as objectionable ; and second, by the 
legislature, when the members are not sure whether or not 
the people wish a certain law. 

102. How the People order a Referendum. A referendum 
petition demanding that a certain law, passed by the legisla¬ 
ture, be submitted to the people needs to be signed by but 
five per cent of the legal voters of the state to obtain such 
referendum. Said petition must be filed within ninety days 
after the final adjournment of the session of the legislature 
which enacted the bill on which the referendum is demanded 
(Art. V, sect. 3). The referendum may be demanded by the 


INITIATIVE AND REFERENDUM 


53 


people against one or more items, sections, or parts of any 
act of the legislature, in the same manner in which such 
power may be exercised against a complete act. If a majority 
of the electors vote against it, the law is null and void (Art. V, 
sect. 2). 

103 . Emergency Legislation not Subject to Referendum. 

Laws necessary for the immediate preservation of the public 
peace, health, or safety are termed emergency legislation. Acts 
that have failed to receive the necessary two thirds to declare 
an emergency do not go into effect until ninety days after 
the adjournment of the session at which they were passed. 
Against these the referendum can be invoked. Emergency 
laws go into effect at once, and are therefore not subject to 
the referendum. Such a petition would stop the operation of 
the law until it had been voted upon, and the very nature 
of an emergency law demands that it go into effect at once. 
There is no reason why one cannot file an initiative petition 
repealing an emergency law that is not wanted, and if ratified 
at the poles, the law ceases to be of effect. General appro¬ 
priation bills become effective as soon as passed (Art. V, 
sect. 8), but such acts or even separate clauses in such acts 
may be delayed until passed upon by the people. The filing 
of a referendum petition against one or more items, sections, 
or parts of an act, however, does not delay the remainder of 
such act from becoming operative (Art. V, sect. 4). 

104 . Constitutional Amendments. Fifteen per cent of the 
qualified electors of the state can demand that an initiative 
petition be submitted to amend the constitution of the state. 
A majority of both branches of the legislature may order a 
referendum to amend the constitution or to approve a statute. 
It requires a majority of all the votes cast at an election to adopt 


54 


OKLAHOMA SCHOOL CIVICS 


an amendment to the constitution, while but a majority of all 
the votes cast upon any particular proposition is required to 
enact a statute. A two-thirds vote of each house of the legis¬ 
lature can order a special election to vote upon constitutional 
amendments. Also the governor has authority to call such 
an election provided an initiative petition to amend the con¬ 
stitution has been presented to him. If a special election is 
not called, the proposition is voted upon at the next general 
election. No convention can be called by the legislature to 
propose alterations, revisions, or amendments to the consti¬ 
tution, or to propose a new constitution, unless the law pro¬ 
viding for such convention shall first be approved by the 
people on a referendum vote. The amendments, alterations, 
revisions, or new constitution proposed by such convention 
must be submitted to the electors of the state, and must re¬ 
ceive a majority of all electors voting thereon, before becom¬ 
ing effective. The question as to whether the people wish 
such a convention to revise the constitution must be sub¬ 
mitted to the electorate of the state every twenty years 
(Art. XXIV, sect. 2). 


CHAPTER VIII 


EXECUTIVE DEPARTMENT 

105 . Executive Department. Upon the governor, with 
the numerous administrative officers and commissions under 
him, falls the duty of executing the laws. According to 
Article IV of the constitution, the executive department of 
the state’s government (Boynton, pp. 264-286) is a coordinate 
oP equal branch of its government. The governor cannot in¬ 
trude on the authority of the legislature or judges, but neither 
can either of these departments infringe on his jurisdiction. 

106 . A Divided Executive. It is well to note at the be¬ 
ginning that the executive authority in the state is divided 
among numerous men, and that therefore the power of the 
governor (Boynton, pp. 276-277) is limited. The President 
appoints and has full control over the administrative officers 
under him. If a cabinet officer (Boynton, p. 203) should 
refuse to do as directed by the President, he can be sum¬ 
marily removed. The governor of the state has no such ex¬ 
ecutive powers. The so-called administrative officials in the 
state are really departmental executives. Within the limita¬ 
tions of their own office they perform their duties as they 
please, without any dictation from the governor. The admin¬ 
istrative officials in the state who are elected, are responsible 
to the people who elect them, not to the governor. Thus it 
is clear that Oklahoma has a decentralized executive. The 
nation has a centralized executive. The governor, however, 
usually has the same authority over the few men he appoints 


56 


OKLAHOMA SCHOOL CIVICS 


as does the President over his appointees; but it is only the 
subordinate officers of the state over which the governor has 
this power. All the chief administrative officials are elected. 
Again, the governor’s executive power is divided with a host 
of subordinate county, city, and civil district officials. These 
officials help execute the laws of the state. Their authority 
comes from the people, not from the governor, and they are 
just as apt to thwart the state’s chief executive as to coincide 
with his views. The extent of national authority over the states 
is limited by the constitution (Boynton, p. 152), but just so far 
as that authority runs, the executive power of the President 
is not curtailed. The one infringement on the President’s 
executive powers has come through the civil service, and 
every President in recent years has advocated such restric¬ 
tions of his appointing power. 

107 . The Governor : Qualifications ; Term ; Salary. The 
supreme executive power is vested in a chief magistrate, who 
is styled The Governor of the State of Oklahoma (Art. VI, 
sect. 2). The governor must be a male citizen of the United 
States, thirty years of age, and for three years next previous 
to his election a qualified elector of the state. His term of 
office is for four years at a salary of ^4500 per year. The 
term begins on the second Monday in January after the 
November election. State elections fall in the even years 
between the presidential elections ; by this means it is hoped 
to avoid confusing state with national issues. Presidential 
elections occur in 1908, 1912, 1916, etc.; state elections 
will come in 1910, 1914, 1918, etc. 

108 . Reeligibility of the Governor and of Others. The 
governor is not allowed to immediately succeed himself. Three 
other officials of the executive department are placed under 


EXECUTIVE DEPARTMENT 


57 


• the same restriction ; they are the secretary of state, state 
auditor, and state treasurer. It is often charged that execu¬ 
tives, instead of administering the law without fear or favor, 
spend a great portion of their first term fixing things so that 
they can be reelected. By preventing immediate succession 
it is believed that the governor will execute the laws with 
greater singleness of purpose and less striving to maintain 
himself in office. The term of secretary of state, auditor, and 
treasurer is limited, because it is believed that new men should 
check these officials up at the close of their term. They all 
handle large sums of the state’s money, like the secretary of state 
and treasurer, or draw out these funds, like the auditor. To avoid 
mistake or mismanagement in the finances of the common¬ 
wealth, it was deemed best to have a change every four years. 

109 . Executive Duties of Governor (Art. VI). The execu¬ 
tive duties of the governor need no further explanation than 
to be enumerated, except his power of convoking the senate 
in its executive capacity. The right to confirm some officials 
appointed by the governor is retained by the upper house of 
the legislature. This is the only executive power possessed 
by the senate, and to exercise this authority is the only reason 
that it should ever be summoned in extraordinary session 
without the house of representatives. The governor is com¬ 
mander in chief of the militia ^ except when in service of the 
United States ; causes the laws to be faithfully executed ; con¬ 
ducts all intercourse and business with other states and with 

1 The militia of the state consists of twelve companies of infantry, one 
company of engineers, one company of signal corps, a hospital detachment, 
and regimental band. An adjutant-general, under the direction of the gov¬ 
ernor, is in command of these troops. The adjutant-general and his office 
assistants are the only militiamen regularly in the employ of the state. The 
rest of the state’s military force receive pay only when called into service. 


58 


OKLAHOMA SCHOOL CIVICS 


the United States ; conserves the peace throughout the state ; 
commissions all officers not otherwise commissioned by law; 
appoints, unless otherwise provided by law, persons to fill 
vacancies until their successors shall have been duly elected; 
and convokes the senate in its executive capacity. 

110 . Legislative Duties of Governor. The governor has 
extensive control over legislation. He can convoke the legis¬ 
lature on extraordinary occasions, and at such times no sub¬ 
ject can be considered except those he recommends. In time 
of invasion or rebellion, for the sake of public safety, he can 
convoke the legislature at a different place than the state 
capital. Also, in case the health or safety of the members is 
endangered, he can adjourn them to a different place ; but 
in this case two thirds of all members elected in each house 
will have to agree to the change. Also, in case of a disagree¬ 
ment between the two houses of the legislature, at a regular 
or special session, with respect to the time of adjournment, 
the governor may, if the facts be certified to him by the pre¬ 
siding officer of the house first moving the adjournment, ad¬ 
journ them to such time as he shall deem proper, not beyond 
the day of the next stated meeting of the legislature (Art. VI, 
sect. 14). Another method by which the governor may direct 
legislation is by the exercise of his power to send messages 
to the legislature. "At every session of the legislature, and 
immediately upon its organization, the governor shall com¬ 
municate by message, delivered to a joint session of the two 
houses, upon the condition of the state, and shall recom¬ 
mend such matters to the legislature as he shall judge ex¬ 
pedient ” (Art. VI, sect. 9). But this formal message can be 
supplemented at any time by terse communications on any 
subject which the governor thinks demands attention. An able 


EXECUTIVE DEPARTMENT 


59 


executive can use such message with telling effect in forcing 
a reluctant legislature to pass bills he counts of importance. 

111 . The Veto. The greatest of the governor’s legislative 
powers is his right of veto. This allows the state’s chief 
magistrate to pass final judgment on every enactment the 
legislature frames. The word veto means, " I forbid.” If 
vetoed, a bill goes back to the house where it originated, 
where the governor’s objections are entered on the journal. 
If, after such reconsideration, two thirds of the members 
elected to that house shall agree to pass the bill or joint 
resolution, it shall be sent, together with the objection, to 
the other house, by which it shall likewise be reconsidered; 
and if approved by two thirds of the members elected to 
that house, it^hall become a law, notwithstanding the objec¬ 
tion of the governor. In all such cases the vote in both 
houses shall be determined by yeas and nays, and the names 
of the members voting shall be entered on the journal of 
each house respectively. If the governor fails to either sign 
or veto (Boynton, p. 277) a bill within five days (Sundays 
excepted), it becomes a law without his signature and with¬ 
out further ceremony. But if the legislature adjourns, the 
governor is given fifteen days in which to sign bills passed 
before adjournment. If he fails to sign a bill within this time, 
the measure falls exactly as if he had vetoed it. This is known 
as the ” pocket veto.” The governor has still further privileges 
in the vetoing of special items of an appropriation bill. Thus, 
he can sign the bill granting money, but can forbid one 
or more items in it of which he does not approve. Where 
this right of special veto does not exist, legislatures will 
sometimes put into an appropriation bill one or more items of 
doubtful expediency, while the great body of the bill is in 


6 o 


OKLAHOMA SCHOOL CIVICS 


every way satisfactory. The executive, while not approving 
these clauses, will often sign the bill, because it would take so 
much time to reenact another bill omitting the unsatisfactory 
features. Here the governor need not sign provisions he does 
not approve, just to get others that are desirable. The veto 
power does not extend to initiative and referendum legislation. 

112 . Judicial Duties of Governor. In Article VI, sect. lo, 
the constitution provides that the governor has the power to 
grant, after conviction, reprieves, commutations, paroles, and 
pardons for all offenses except cases of impeachment. In this 
way the governor can vary judicial decrees on the criminal 
side. Civil, i.e. property, judgments cannot be changed by 
him. A reprieve is delaying the execution of a sentence so 
that alleged new facts may be presented, which may lead to 
further executive clemency. If the governor changes a sen¬ 
tence, it is termed a commutation. The executive can lessen, 
never increase, the severity of the punishment. To parole a 
prisoner is to let him out on good behavior. A pardon is the 
granting of full immunity from some court sentence. These 
powers arc given the governor to prevent miscarriage of 
justice, and the people generally demand that the executive 
use his judicial authority sparingly and only after mature 
deliberation. The governor can exercise none of his judi¬ 
cial functions, other than to put off the day of execution of 
a convicted murderer, without first receiving the sanction of 
the state board of pardons (see § 130). 

113 . The Lieutenant Governor. The lieutenant governor 
presides over the senate. He is also a member of the state 
banking board. His qualifications must be the same as those 
for governor. His salary is ^1000 per year. If the governor 
should die or become incapacitated in any way during his 


EX EC U Tl V E 1) E P ARTM ENT 


6 l 

term of office, the lieutenant governor at once becomes gov¬ 
ernor. In the absence of the governor and the lieutenant 
governor the president pro tempore of the senate becomes 
chief executive.^ In case none of these can serve, the speaker 
of the house of representatives becomes acting governor (Art. 
VI, sect. 15). The legislature is empowered to make further 
provisions for the succession. If the governor leaves the state 
even for a day, the lieutenant governor becomes the acting 
governor. Because of this the state’s chief magistrate is 
generally careful never to leave the commonwealth when im¬ 
portant matters are pending. 

114. The Secretary of State. A register of all the official 
acts of the governor must be kept by the secretary of state. 
When requested he must attest these, and lay copies of the 
same, together with copies of all papers relative thereto, before 
either house of the legislature (Art. VI, sect. 17). He is cus¬ 
todian of the great seal of the state,*^ and with it he must 



1 This provision for the succession in the state is the same as the national 
law up to 1886. In that year the national succession law was altered so that 
the cabinet member's succeed to the 
presidency in case of a vacancy, ac¬ 
cording to their rank (see Boynton, 
pp. 189-190). 

2 The seal was devised by the lion. 

Gabe Parker, a Choctaw-Indian dele¬ 
gate to the constitutional convention. 

The large star represents Oklahoma, 
the forty-sixth state. In its center is 
the seal of Oklahoma Territory. The 
upper left-hand ray contains the seal 
of the Cherokee Nation,theChickasaw 
seal is on the ray pointing directly up, 
the upper right-hand ray contains the 
Choctaw emblem, beneath it is the Seminole seal, and the lower left-hand 
ray contains the ancient seal of the Creeks. The small stars represent the 
other forty-five states in the Union. 



62 


OKLAHOMA SCHOOL CIVICS 


authenticate (stamp) all official acts of the governor except 
his approval of laws. In the secretary of state’s office is 
kept the parchment copy of the constitution and all acts of 
the legislature, just as they are engrossed and signed by the 
governor. The vetoed bills are likewise kept in the vaults in 
the office of this official. Initiative and referendum petitions 
are sent to the secretary of state, addressed to the governor; 
and all election returns for state officers are sent to him, 
although they are addressed to the speaker of the house of 
representatives. He is elected for a term of four years at a 
salary of ^2500 per year. 

115 . The State Auditor. In many states the auditor is 
called the comptroller. It is his duty to manage the finan¬ 
cial affairs of the state. He examines and adjusts accounts 
and claims against the commonwealth. When money is to 
be expended the auditor draws a warrant on the treasurer. 
His books and those of the treasurer are kept entirely sepa¬ 
rate, but must agree as to the amount of money on hand in 
the treasury. In this way mistakes in the state’s finances can 
be avoided or any shortage discovered. The state auditor is 
elected for a term of four years, at a salary of $2000 per year. 

116 . The Attorney-General. It is the duty of the attorney- 
general to act for the state in all lawsuits where the state is 
a party. He prosecutes certain criminal cases where county 
attorneys fail to act, and also when necessary brings suit to col¬ 
lect all moneys due the state. He enforces the law, especially 
against corporations and wealthy individuals too powerful to 
be successfully resisted by county attorneys. It is the duty of 
the attorney-general to render opinions on questions of law sub¬ 
mitted to him by the governor and other state officers. He is 
elected for a term of four years, at a salary of $4000 per year. 


EXECUTIVE DEPARTMENT 


63 


117. Superintendent of Public Instruction. The entire 
public-school system of the state is under the general super¬ 
vision of the superintendent of public instruction. He is the 
chairman of the state board of education and other numerous 
boards that have to do with the public schools of the state. 
Uniform teachers’ examinations are prepared under his super¬ 
vision, and the general educational interests of the state are 
promoted. He is elected for a term of four years, at a salary 
of $2500 per year. 

118. State Treasurer. The state treasurer has the care of 
all the moneys of the state. He pays out the same on war¬ 
rants that are signed by the auditor. The state treasurer col¬ 
lects no money directly from the taxpayer, but receives the 
state tax money from each county treasurer as the latter col¬ 
lects it. An accurate account of all moneys expended by the 
state is kept by the treasurer as well as by the auditor. He is 
elected for a term of four years, at a salary of ^3000 per year. 

119. State Examiner and Inspector. The constitution pro¬ 
vides that, without giving any warning, the state examiner and 
inspector shall twice each year take complete possession of 
the state treasurer’s office, and of every county treasurer’s 
office, and make a thorough examination of the books, ac¬ 
counts, and cash in hand. Once each year he is to publish in 
his report the condition of every such treasury. He is also 
to provide a uniform system of bookkeeping for the use of 
all treasurers ; and other duties may be assigned him by law. 
The state examiner must have had at least three years’ expe¬ 
rience as an expert accountant (Art. VI, sect. 19). He is 
elected for a term of four years, at a salary of ^3000 per year. 

120. Commissioner of Labor. The department of labor is 
under control of the labor commissioner. The legislature 


64 


OKLAHOMA SCHOOL CIVICS 


must create a board of arbitration and conciliation in the 
labor department, and the commissioner of labor shall be ex- 
officio chairman (Art. VI, sect. 21). He is elected fora term 
of four years, at a salary of $2000 per year. 

121 . Insurance Commissioner. The insurance department 
is under the supervision of an insurance commissioner. He 
is charged with the execution of all laws in relation to insur¬ 
ance and insurance companies doing business in the state. 
The insurance commissioner must be at least twenty-five years 
of age and well versed in insurance matters. He is elected for 
a term of four years, at a salary of $2500 per year. 

122 . The Chief Mine Inspector. All mineral, oil, and gas 
interests in the state of Oklahoma are under the supervision 
of the chief mine inspector. No person shall be elected to said 
office unless he shall have had eight years’ actual experience as 
a practical miner, and such other qualifications as shall be pre¬ 
scribed by the legislature. The constitution also provides that 
the legislature shall create mining districts and provide for 
the appointment or election of assistant inspectors therein, 
who shall be under the general control of the chief mine 
inspector (Art. VI, sect. 25). He is elected for a term of 
four years, at a salary of $3000 per year. 

123 . Commissioners of Charities. A commissioner of 
charities and corrections may be of either sex, and shall be 
twenty-five years of age or over; in all other respects said 
officer shall have the qualifications which shall be required 
of the governor (Art. VI, sect. 25). This is the only state 
office that can be held by a woman. The commissioner of 
charities must make a report once each year (October i), 
and at any time, on the request of the governor, regarding 
all the public charities and corrections with which the 


EXECUTIVE DEPARTMENT 


65 


commissioner has to do. A peculiar section of the constitution 
(Art. VI, sect. 30) gives the legislature power to alter, amend, 
or add to the duties of, or grant additional authority to, such 
commissioner. Here is an instance where the legislature can 
change the constitution without the matter being referred to 
the people. The commissioner is elected for a term of four 
years, at a salary of $1500 per year. 

124 . State Printer. It is the duty of the state printer to 
superintend, supervise, and contract for all public printing 
and binding required by the legislature, the governor, supreme 
court, state officers, or any state board or commission created 
under the laws of the state. He also contracts for all bound 
books and records required by the district courts, counties, 
and townships of the state. This office was created by the 
first legislature. The state printer is under the authority of 
the state printing board, composed of the governor, state 
treasurer, and state auditor. The term of the state printer is 
for four years, at a salary not to exceed $2500 per year. 

125 . Text-Book Commission. The text-book commission 
consists of seven members, six of whom are appointed by the 
governor and confirmed by the senate. The seventh member 
is the governor himself.. The appointed members serve for 
five years unless sooner removed. It is the duty of this com¬ 
mission to contract with publishers and authors for all books, 
registers, records, charts, maps, globes, and other apparatus 
to be used in the common schools of the state. The object 
of this commission is to obtain satisfactory, uniform text¬ 
books for the entire state at the lowest possible price. At 
an appointed time the commission receives sealed bids for 
all texts, records, apparatus, etc. (see chap, xii, § 200). It is 
made a misdemeanor to use other text-books than those 


66 


OKLAHOMA SCHOOL CIVICS 


adopted, and it is a like offense for any one to charge more 
than the contract price for them. The salary of the members 
of this commission is six dollars per day while on duty, and 
actual traveling expenses in going to and from the place of 
meeting. 

126 . Corporation Commissioners. There are three corpora¬ 
tion commissioners. This board has extensive authority over 
semipublic corporations. Its duties are so numerous and its 
powers so far reaching that one of the longest and most de¬ 
tailed articles of the constitution (Art. IX) is given over to 
its functions. The salary of these officials is ^4000 per year, 
the term of office six years. One commissioner goes out every 
two years, so the commission is always able to transact busi¬ 
ness. The duties of this commission will be further developed 
in Chapter XIV. 

127 . State Board of Agriculture. A nonpartisan board 
composed of eleven members, all of whom are farmers, con¬ 
stitute the state board of agriculture. The members of this 
board are chosen by delegates elected by the farmers at their 
county institutes. One delegate from each county institute 
attends the state institute, and these delegates elect ten 
members (two from each supreme court district) to serve on 
the state board of agriculture. The president of the board 
makes the eleventh member. His position is an elective 
office. This board is maintained as a part of the state gov¬ 
ernment, and has jurisdiction over all matters affecting animal 
industry and animal quarantine regulations, and is the board 
of regents of all state agricultural and mechanical colleges. 
The term of the president of state board of agriculture is four 
years, at a salary of $2500 per year. Other members of the 
board receive five dollars per day during actual time in session. 


EXECUTIVE DEPARTMENT 


67 


128 . Commissioners of Land Office. The governor, secre¬ 
tary of state, state auditor, superintendent of public instruc¬ 
tion, and the president of the board of agriculture shall 
constitute the commissioners of the land office, who shall 
have charge of the sale, rental, disposal, and managing of 
the school lands and other public lands of the state, and of 
the funds and proceeds derived therefrom, under rules and 
regulations prescribed by the legislature (Art. VI, sect. 32, 
chap. xii). 

129 . The State Banking Board. The state banking board 
is composed of the governor, lieutenant governor, president 
of the board of agriculture, state treasurer, and state auditor. 
These gentlemen have general supervision of all state banks, 
pass upon a bank’s qualification and fitness to become a state 
depository, and have general supervision of all the bank 
examiners. This board also has the management of the 
depositors' guarantee fund. One per cent of all deposits in 
the state banks is levied and kept on interest by the state 
banking board. Thus a fund is created to pay off all deposi¬ 
tors in case a bank so guaranteed fails. Through this guar¬ 
antee fund depositors receive their money as soon as a bank 
fails. The state banking board then straightens up the affairs 
of the defunct bank, and, if possible, gets back out of funds 
due the bank the money which has been advanced to pay the 
depositors. This law is so popular in Oklahoma that one year 
after the passage of the measure no less than fifty national 
banks had surrendered their charters and become state banks. 

130 . The State Board of Pardons. An administrative 
board, consisting of the state superintendent, the president 
of the board of agriculture, and the state auditor, constitutes 
the state board of pardons. It holds regular meetings the 


68 


OKLAHOMA SCHOOL CIVICS 


second Monday of each month, and more frequently if neces¬ 
sary. The governor can grant no pardon or parole except 
upon the recommendation of this board, but he can com¬ 
mute the death sentence to life imprisonment without its 
action. Before any public hearing for a pardon is held by 
the state board of pardons a legal notice announcing such 
a hearing must be published for two weeks in a weekly 
paper in the county where the crime was committed, so that 
those opposed to granting the pardon may be present, as 
well as those in its favor. Even after a pardon has been 
recommended by the board of pardons the governor can do 
as he chooses about granting it. 

131 . Dispensary. For the enforcement of prohibition a 
dispensary system has been adopted. A state agency is 
created under the supervision of a superintendent. This 
superintendent and all the agents under him are appointed 
by the governor, and they hold office at his pleasure. 

132 . State Board of Public Affairs.^ This board consists 
of three members, not more than two of whom can belong 
to the same political party. The members of this board are 
appointed by the governor " for a term coterminous with 
that of the governor making the appointment.” The gov¬ 
ernor is also given authority to remove any member of this 
board at his discretion. The board of public affairs has 
most extensive powers. It has charge of the construction, 
repair, maintenance, and insurance of all state buildings. 
It is a board of purchase for all state departments and 
state institutions. The members of the board are prohibited 
from engaging in any other business, and must each give a 

1 There are numerous other minor boards and commissions that assist 
in executing the law. 


EXECUTIVE DEPARTMENT 69 

fifty-thousand-dollar bond before entering upon their duties. 
The salary is $3000 per year. 

133. Increase and Decrease of Salaries. All officials having 
to do with the expenditure of state funds are required to give 
bonds for the faithful performance of their duty. An account 
shall be kept by such officers and commissioners of all moneys 
disbursed or otherwise disposed of severally by them, from 
all sources, and for every service performed ; and a report 
thereof is made semiannually or as often as may be required 
by law, to the governor under oath. The governor may at 
any time require information in writing, under oath, from 
all officers and commissioners of the state, and all officers of 
state institutions, penal, eleemosynary, educational, and indus¬ 
trial, on any subject relating to their respective offices and 
institutions ; which information when so required shall be 
furnished by such officers and managers ; and any officer or 
manager who at any time shall make a false report shall 
be punished as by law provided. Each state officer shall, at 
stated times, during his continuance in office, receive for his 
services a compensation, which shall be neither increased nor 
diminished during the term for which he shall have been 
elected; lior shall he receive to his use any fees, costs, or 
perquisites of office or other compensation. 

134. Nepotism Prohibited. Nepotism is appointing one’s 
relatives to office. This is now prohibited in Oklahoma. The 
law makes it unlawful for any executive, legislative, ministerial, 
or judicial officer of this state to appoint or vote for the ap¬ 
pointment of any person related to him by affinity or con¬ 
sanguinity within the third degree, to any clerkship, office, 
position, employment, or duty in any department of the 
state, district, county, city, or municipal government. The 


70 


OKLAHOMA SCHOOL CIVICS 


law applies alike to relationship by marriage as by blood. 
And it is further made unlawful for officials to appoint one 
another’s relatives to office and thus circumvent the law. This 
act extends to all school boards and regents of state institu¬ 
tions. No teacher can be elected by a board of education if 
he is related by blood or marriage to any member of that 
board. It is provided that any official guilty of appointing a 
relative to office shall be punished by a fine of not less than 
one hundred nor more than one thousand dollars, and shall 
forfeit his office. 


CHAPTER IX 


JUDICIAL DEPARTMENT 

135. The Judicial Power. The judicial power of the state 
is vested in the senate, sitting as a court of impeachment, a 
supreme court, criminal court of appeals, district courts, 
superior courts (chap, iii, § 48), county courts (chap, iii, § 49), 
courts of justice of the peace (chap, i, § 9), municipal courts 
(chap, ii, § 24), and such other courts, commissions, or boards, 
inferior to the supreme court, as may be established by law 
(Art. VII, sect, i ; also Boynton, p. 279). 

136. Impeachment. A trial for misconduct in office is 
termed impeachment (Boynton, pp. 148-151). The con¬ 
stitution provides that the governor and other elective state 
officers, including the justices of the supreme court, shall be 
liable and subject to impeachment for willful neglect of duty, 
corruption in office, habitual drunkenness, incompetency, or 
any offense involving moral turpitude committed while in 
office (Art. VIII, sect. i). The house of representatives 
presents all impeachments by a majority vote. This method 
is similar to that of the grand jury presenting an indictment. 
The senate then tries the case, exercising functions similar 
to a petit jury. A two-thirds vote is necessary for conviction. 
When the senate is sitting as a court of impeachment the 
senators shall be on oath, or affirmation, impartially to try 
the party impeached ; and no person shall be convicted with¬ 
out the concurrence of two thirds of the senators present (Art. 
VIII, sect. 4). 

71 


72 


OKLAHOMA SCHOOL CIVICS 


137. Removal of Officials not Subject to Impeachment. 

All elective officials are subject to removal from office for 
just cause. This is done by the chief justice ; or, if he is 
absent or disqualified, then one of the associate justices of 
the supreme court, to be selected from it, acts in his stead. 
When a supreme court justice is impeached he is tried by 
the senate. Members of the house of representatives and of 
the senate cannot be impeached. The only way they can lose 
their office is to be expelled by the house of which they are 
a member, and each house is sole judge of the qualifications 
of its members. Judgment of impeachment shall not extend 
beyond removal from office, but this shall not prevent pun¬ 
ishment of any such officer on charges growing out of the 
same matter by the courts of the state (Art. VIII, sect. 5). 

138. Supreme Court. The supreme court (Boynton, p. 280) 
consists of five judges nominated from districts but voted upon 
by the people at large. The term is six years. The salary of 
supreme court justices is ^4000 per year. Each supreme 
court judge is in turn chief justice for one year during his 
term of office. 

139. Jurisdiction. The supreme court has both original 
and appellate jurisdiction. Original jurisdiction means that 
the case can be started before it. The original jurisdiction of 
the supreme court shall extend to a general superintending 
control over all inferior courts and all commissions and boards 
created by law. The supreme court has power to issue writs 
of habeas corpus, mandamus, quo warranto, prohibition, and 
such other remedial writs as may be provided by law (Art. VII, 
sect. 2). But the supreme court rather discourages hearing 
cases in the first instance, and so most of its work comes 
under its appellate jurisdiction,. If either party to a suit in the 


JUDICIAL DEPARTMENT 


73 


district, superior, or county court is dissatisfied, he can appeal. 
This is done by sending a transcript or an account of all that 
happened in the lower court up to the supreme court. This 
transcript is carefully read by all the judges, to see whether 
the trial court decided according to law and evidence. If the 
decision was right, it is sustained by the supreme court; if it 
was not, it is reversed and sent back to be tried over again. 

140. Supreme Court Clerk. This is an elective office under 
the constitution. The duty of the clerk is to keep the records 
of the supreme court and of the criminal court of appeals. 
Such decisions have the authority of law, and are followed 
by all lower courts in the state in rendering opinions, unless 
said opinion has been altered by a more recent statute or 
constitutional enactment. He also serves as clerk of the 
criminal court of appeals. His term is four years and he is 
paid by fees. There is also a state reporter, whose duty is 
to arrange and supervise the printing of all decisions of the 
supreme court and the criminal court of appeals. He is 
elected by the eight judges who constitute these two courts. 
His term of office is at the pleasure of these courts. His 
salary is $2000 per year. 

141. Supreme Court Marshal. The marshal is the execu¬ 
tive officer of the supreme court and of the criminal court of 
appeals. He keeps order in the court room and serves all 
writs for the judges. If necessary, he can call on the citizens 
to assist him in enforcing a court order. He is chosen for a 
term of four years, at a salary of ^1500 per year. 

142. Criminal Court of Appeals. The criminal court of 
appeals was organized because of the congested condition of 
the supreme court docket. It consists of three judges ap¬ 
pointed by the governor. They hold office until January, 


74 


OKLAHOMA SCHOOL CIVICS 


1911, at which time judges to succeed them will have been 
elected. The term of office is six years, but in order that the 
term of only one judge will expire every two years, the first 
judges elected will cast lots to decide which one of them will 
Serve two, four, and six years respectively. The salary is 
^4000 per year. 

143. Jurisdiction of Criminal Court of Appeals. The crimi¬ 
nal court of appeals has exclusive appellate jurisdiction in all 
criminal cases appealed from county, superior, or district 
courts. 

144. District Court. Because of its great authority and 
direct contact with the people, the district court is the most 
important instrument of government in the state. The dis¬ 
trict judge may at any time have to pass judgment upon any 
person in his district, taking from that person property, lib¬ 
erty, or even life. It is therefore extremely important that 
the highest type of citizen, one versed in the law, be elected 
to this office. 

145. District Judge: Salary and Qualifications. Recog¬ 
nizing the importance of this office, the framers of the con¬ 
stitution sought to so make our fundamental law that only 
men of high character and attainment would be chosen. This 
was done by making the salary ($3000) large enough to at¬ 
tract men of ability, and by making the qualifications such 
that only competent lawyers could meet them. The district 
judge must be a citizen of the United States, must have re¬ 
sided in the state for two years, and in the territory com¬ 
prising his district at least one year prior to his election ; 
and he must be a lawyer licensed by some court of record. 
Residence in his district during his term of office is required 
(Art. VII, sect. 9). His term is four years. 


JUDICIAL DEPARTMENT 


75 


146 . Jurisdiction of District Court. The district courts 
have original jurisdiction in all cases, civil and criminal, ex¬ 
cept where exclusive jurisdiction is, by the constitution or by 
law, conferred on some other court, and they have such ap¬ 
pellate jurisdiction as may be provided in the constitution or 
by law. The district courts, or any judge thereof, have power 
to issue writs of habeas corpus, mandamus, injunctions, quo 
warranto, certiorari, prohibition,^ and other writs, remedial or 
otherwise, necessary or proper to carry into effect their orders, 
judgments, or decrees. The district courts also have the power 
of naturalization in accordance with the laws of the United 
States (Art. VII, sect. lo) (Boynton, pp. 138-139). Appeals 
may be taken from the decision of a justice or a municipal 
court to the district court. The district court is a court of 
record ; appeals are taken from it direct to one of the supreme 
courts. So it will be seen that if a suit is begun in a municipal 
court, two trials can be had, one in the lower court and one in 
the district court. If, however, a case is begun in the district 
court, but one trial is held. When an appeal is taken to the 
supreme court or criminal court of appeals, the case is not 
tried again. The supreme judges merely review the record 
sent up from the district court. There may be an error, in 
which case a new trial is ordered, which will be held in the 
same court where the error was made. Sometimes one takes 
change of venue to avoid the prejudice of a judge or a com¬ 
munity. If the trial judge thinks there is sufficient reason, he 
may let the case be taken into another district where a judge 
and the people are less acquainted with the facts in the case. 
This expedient is often resorted to in case of homicide. But 
it is in a district court that final trial of the case is held. 

1 The instructor should explain clearly the meaning of each of these 
writs (see next section). 


76 


OKLAHOMA SCHOOL CIVICS 


147 . Law distinguished from Equity. The paragraph 
just above, relating to civil and criminal cases, has chiefly to do 
with that branch of jurisprudence that is technically termed 
" law.” It sprang up from the old English common law. 
Generally a jury of twelve men decides the facts, and the 
duty of the judge is to see that the law is strictly adhered 
to in presenting the evidence to the jury, so that no unfair 
or illegal advantage Is taken of either party in the case. We 
have seen that (chap, i, § i) custom-made law is the much 
larger body of our jurisprudence. Sometimes custom is en¬ 
acted into statute law‘by the legislature, i.e. written down 
and defined. "Equity,” or chancery as it is sometimes called, 
grew up through the church courts of the early English. It 
was found that there were some cases where damages were 
no remedy. But damages is the only civil remedy at law, 
so chancery courts stepped in and enforced specific decrees. 
Thus, suppose that a man meant to turn a river across your 
land ; no damages would compensate you for the loss of your 
home if you did not want to move. Here you would bring a 
suit in chancery, and the judge would enjoin the man from 
persisting in his efforts to change the natural course of the 
river. Injunction, therefore, is to stop one from committing 
an injury to some one else. Mandamus, another remedy in 
equity, is to compel men to do that which they ought to do. 
Thus, suppose a writ is placed in the possession of the sheriff 
and he refuses to serve it; under the law it is his duty to do 
so, and the remedy for his misconduct is for the injured party 
to obtain a writ of mandamus from the court, compelling him 
to perform his duty and serve the writ. 

148 . District Courts: Equity Jurisdiction in Oklahoma. 
It is, as a rule, the extent of equity jurisdiction that marks 


JUDICIAL DEPARTMENT 


77 


the difference between a superior and an inferior court. We 
noticed under the discussion of the twenty-fifth section of 
the bill of rights how our basic law limits the authority of an 
Oklahoma court to punish for contempt (chap, v, § 69). If the 
alleged contempt occurs out of the presence of the court, there 
must be a trial by jury to determine whether or not the con¬ 
tempt has been committed. In other respects the equity 
powers of an Oklahoma district court are as extensive as those 
of any similar state court, and therefore this court exercises 
the highest authority and is a tribunal of the highest dignity. 

149 . Verdict. The decision arrived at by a jury is termed 
"a verdict” (Boynton, p. 364). In most cases the verdict 
assesses money damages against the party at fault. In crimi¬ 
nal cases the judgment may be either a fine, that is, the con¬ 
victed person must pay a sum of money; imprisonment, 
that is, his liberty is taken from him ; death, that is, his 
life is taken, because, it is reasoned, if he continue to live 
he will be a menace to society. The jury brings in the ver¬ 
dict of guilty or not guilty in criminal cases in accordance 
with the instructions of the judge (chap, v, § 68). In civil 
cases the verdict states the amount of damages. The judge 
then renders judgment in accordance with the law. Fre¬ 
quently in criminal cases the judgment is both a fine and 
imprisonment. 


CHAPTER X 


ELECTORS AND ELECTIONS i 

150 . Suffrage. Qualified electors are male citizens of the 
United States twenty-one years of age, who have resided in 
the state of Oklahoma one year, in the county six months, 
and in the election precinct thirty days next preceding the 
election at which the elector offers to vote (Boynton, p. 99, 
p. 270). No person adjudged guilty of a felony after the 
adoption of the constitution, subject to such exceptions as 
the legislature, may prescribe, unless his citizenship shall have 
been restored in the manner provided by law; nor any person, 
while kept in a poorhouse or other asylum at the public 
expense, except federal and confederate ex-soldiers ; nor any 
person in a public prison, nor any idiot or lunatic, shall be 
entitled to vote at any election under the laws of this state 
(Art. Ill, sect. i). 

151 . Soldiers and the Suffrage. A soldier who enlists from 
Oklahoma can always vote in the town he enlisted from, so 
long as he is in the army. But a soldier who is stationed 
in Oklahoma does not become a resident of the state because 
he happens to be quartered here. His being a soldier in Okla¬ 
homa does not make him a citizen of the state. 

1 The legislature of 1909 passed an election law radically altering the 
provisions as given in this chapter. The new measure has met energetic 
opposition, and a referendum has been demanded upon it (see chap, vii, 
§§ loi, 102). The election upon this referendum may not be held until 
November, 1910, and at that time the new law may be defeated, so the 
statute as given here remains in full force and effect until disposed of by 
the people. (See Appendix C for discussion of this suspended law.) 

78 


ELECTORS AND ELECTIONS 


79 


152 . Time of Elections. General elections (Boynton, pp. 
270-271) for the purpose of electing congressmen, state, 
legislative, and county officers, occur on the first Tuesday 
after the first Monday of the even-numbered years. Municipal 
elections occur yearly on the first Tuesday in April. Special 
elections may be called at any time by the governor to fill 
vacancies in the legislature or to take a referendum vote. 

153 . Elections and Electors not to be interfered with. 
The election shall be free and equal. No power, civil or 
military, shall interfere to prevent the free exercise of the 
right of suffrage, and electors shall, in all cases except for 
treason and breach of the peace, be privileged from arrest 
during their attendance on elections and while going to and 

-from the same (Art. Ill, sect. 7). 

154 . Election Precincts. The county election board divides 
the townships into voting precincts, establishes the boundaries 
of the same, and designates at least one voting place in each 
township and city ward. There shall be but one voting place 
in each precinct. Each precinct should contain about two 
hundred voters, and in no case should the number exceed 
two hundred and fifty. Voting places are designated by the 
county election board. 

155 . State Election Board. The governor, within thirty 
days after his inauguration, shall name a state election board, 
subject to the approval and confirmation of the senate. This 
board consists of three members, not more than two of whom 
shall be of the same political party. The state central com¬ 
mittees of the political parties casting the highest number of 
votes at the last general election each suggest the names of 
five electors, and the governor must appoint the members of 
the election board from this list. The salary of the members 


8o 


OKLAHOMA SCHOOL CIVICS 


of the state election board is three dollars per day for time 
actually engaged in the duties of the office. The term is for 
four years. 

156 . Duties of State Election Board. The state election 
board has general supervision of all elections in the state, 
both primary and general. It appoints the county election 
boards, prepares the ballot for both the primary and the 
general election, decides who have been properly nominated 
for office, and canvasses the returns for all state elections 
and for district elections where the district is not a sub¬ 
division of a county. It also issues certificates of election to 
the various successful candidates who come within its juris¬ 
diction. 

157 . County Election Board. This board consists of three 
members appointed by the state election board. The county 
central committees of the two largest political parties each 
submit five names to the state board, just as the state central 
committees of the parties submit names to the governor. 
The county election board must be appointed from these lists. 
Not more than two of the three members can come from 
the same political party. This board supervises the election 
in the county, just as the state board does in the state. It 
canvasses the returns from the county and issues certificates 
of election to the successful county candidates. 

158 . Precinct Election Board. From lists of five, just as 
in the case of the state and county boards, the precinct 
election board is chosen by the county board. This board 
actually conducts the balloting. One of these three officials 
is termed inspector, another judge, and the third clerk. If 
any one of these three officials is disqualified or fails to 
qualify on the precinct boards, his colleagues shall appoint 


ELECTORS AND ELECTIONS 


8l 


his successor from the ranks of the party to which he be¬ 
longed, and, if possible, from the list previously submitted. 
This board issues certificates of nomination for precinct 
officers. 

159 . Official Counters. On the Friday preceding the 
election it shall be the duty of the precinct election board 
to choose four official counters. They shall be equally dis¬ 
tributed among the political parties, and in no case shall 
more than three counters come from one party. At ten 
o’clock on the morning of the election these counters, 
having first voted and taken the proper oath, shall begin to 
count. The count is to be kept secret until the entire poll 
is counted. Violation of this provision subjects them to 
severe fine and jail sentence. A careful record of all votes 
cast is kept and certified to the county election board; and 
the vote on state officers and such district officers as come 
under the jurisdiction of the state board is in turn certified 
up to it. The ballots are hung on a string as counted. 
When all the votes are recorded these tickets are securely 
tied, sealed, and delivered to the county election board. 

160 . The Ballot. In the general election the ballot is made 
up by the state and county boards on or before the first day 
of September preceding the November general election. 
These boards also make up the ballot for the primary. The 
copy for the ballot must be delivered to the printer by Octo¬ 
ber first. By the last week in October the state .board must 
deliver the state ballots to the county boards, and the county 
boards must also have obtained the county tickets from the 
printer. All ballots for a general election must be on white 
paper and bound in books. Sample ballots are on cheap 
yellow paper. 


82 


OKLAHOMA SCHOOL CIVICS 


NBVEE detach THIS NUMBER FROM THE STUB W 6425 


Voters N&me...Post OfiSoo 

Street Namber. 

Sworn, Write. 

mwon 

Remarks. 


..If Voter is Challenged, Write.Bore. If Voter ws 

obal}«tic« 

Here. If Ballot is Spoiled or Not Voted, Write.....Here. 

9oU«d 



DEMOCRATIC 



For Presidential Electors 

<voU for Mv«n.) 

& M. RUTHCRFOBD 

QSO^ C. WHITEHURST 

GSQ. BOW>SjU9. 

D. W. DRENKON 

E. A^McDOUGAL 

PRESTON & X;ESTZ31 
3. B. OIBDOKS 


REPUBLICAN 



For Jnstice of Supreme Court 
Second District 

<vot9 for oao U> Uil* dlJtricL) 


□ 


R U WIULIAMS 


For Justice of Supreme Court 
Fourth District 

rrnt* for on# 1b ihU dlatricL) 


□ 


SASTUBL W. BATES 


For Corporation Comzoisaloaer 

□ A. P. WATSON 


For Congressman 5tb District 

□ SCOTT PERRIS 


□ 


For State Senator 

GEO. O. JOHNSON 


□ 

□ 


For EepresentatiTe 

(vou 'tor two.) 
HENRT XRETON 

R L. GLOVER 


For Flotorial Representative 


□ 


For Presidential Electors 

(vou for Mven.) 
WILLIAM BUSBT 

J C. ROBBERTR 

EMORT FOSTER 

ABEL J. SANDS 

E. O. CLARK 
BRUCB KENAN 
WILLIAM McK^T 


SOCIALIST 


o 


For Presidential Electors 

(VO(« for MVOB.) 

L N. JOHNSON 

CHAR T. WATKINS 

JULIUS A ELLIS 

Q. P. wn.Tjinn 


For Justice of Supreme Conrt.For Justice of Supreme Court 
Second Di^ct | Second District 

(TOt« for OM IB UUa OWtrlet) (vote for one is tAle district.) 


For Justice of Supreme Court 
Fourth Di^ct 

fi^e for ooe Id Uds dlstrtot) 
JOSEn>H T. DICKERSON 


□ 


For Corporation Commisaioner 

□ WBXIAM H. RETNOLDS 


For Congressman Stb District 


For State flenatoi 


For Representative 

(vote for two.) 

J. P. POPS 

U. 8. McCOBB 


For notorial Representative 


□ 


For Justice of Supreme Court 
Fourth Di^ct 

(vote for ooe In due dJetiiet.) 


□ 


A. W BENNETT 


For Corporation Oommiasioner 

□ ROT O-BRTAN 


For Congressman Stb District 

□ W. D. DAVIS 




For State Senator 

SHIELDS 


For EepresentatiTO 

(veu for two.) 


INDEPENDENCE PART? PEOPLES PARTY 



For Presidential Electors 

(vote for MvoB.) 

B. C HANSEN 

a W. MATTUBBT 

C G. TOUNO 
C C. ZIEOLAR 
J. W. WALLACE, Jr. 

7. C BURKHART 

M. K. AKIN 


For Justice of Supreme Court 
Second District 

(vote for ooe la UUe dUtnet) 



o 


For Presidential Electen 

_ (vote for aeveo.) 

pORACB a 6TRAOOBBN 

R U SCOTT 

J. T. CRAIO 

H M. 8MOOT 

JSSSS L. 8WAN00 

J. N. NANCS 

L P. BARKER 


For Justice of Supreme Court 
Fourth District 

(vote for one Is tUla dlettict.) 


Fcr Corporation Commissioner 


For Congressman 6th District 


For State Senator 


For Representative 

(vote (or two.) 


For Flotorial Representative 

□ 


For Flotorial Representative 


□ 


For Justice of Supreme Court 
Second District 

(vote for oae 1b tUe dletrtct.) 


For Justice of Supreme Court 
Fourth District 
(vote (or one is Uua district^ 


For Corp^tioD Commissioner 


For Congressman 6tb District 


For State Senator 


T<a Representative 

(vole tig twej 


For Flotorial Repr es en Ut ive 


□ 


i 5 S“ To vote the Democratic Ticket, stamp X in circle under the Rooster. 

To vote the Republican Ticket, stamp X in circle under the Eagle. The same 
wording as to other Parties. 

63“ Should a voter desire to vote a mixed ticket, stamp in circle under devise of 
the party, then cross over in columns containing other names and stamp 
X in the square opposite name of candidate you desire to vote for. 

63 “ After you have voted, fold ballot over to perforated line and return to election 
of fleers. 







































































ELECTORS AND ELECTIONS 


83 


161 . Ballot Stub. Each ballot has a stub. On this stub is 
left a blank for the voter’s name, post office, street number, 
a place to write " challenged ” if he is challenged, to write 
" sworn ” if he is sworn, and another blank to write " spoiled ” 
if the ballot is mutilated. In the upper left-hand corner of 
the ballot there is a number corresponding to the number on 
the stub. If a voter is challenged, this number serves to 
identify the identical ballot cast by the person whose vote 
was questioned. If it is found he voted illegally, his vote 
can be cast out and the person himself punished. 

162 . Registration. In cities of the first class the election 
inspector for each precinct must keep open the precinct 
registration books during the entire month of July. He shall 
also keep his books open for registration during the last 
week in October. For this he receives a fee of three cents 
for each name registered. This is paid by the city. All 
electors must register here if they wish to vote, unless pre¬ 
vented by some unavoidable circumstance, such as sickness 
or absence from the city. The object of registration is to 
get the list of all men claiming to be qualified electors in 
the city. It is more difficult in congested centers of popula¬ 
tion to detect fraud at elections, and registration aids in 
ferreting out the men who mean to vote illegally. Men can 
be punished for fraudulent registration, the same as for 
fraudulent voting. 

163 . Political Parties Recognized. In no particular does 
the national constitution vary more greatly from what its 
framers intended than in the election of President (Boynton, 
pp. 183-184). The people choose members of an electoral 
college, as many from each state as the commonwealth has 
senators and representatives. These men do the actual voting 


84 


OKLAHOMA SCHOOL CIVICS 


for President. The P'athers intended that the presidential 
electors constituting the electoral college should vote for the 
men they thought best fitted for President and vice presi¬ 
dent, independent of party; but since the time of J efferson 
(Boynton, pp. 309-325) political parties have stepped in and 
selected the men to be voted for. Since political parties do 
exist, and since the choice for all officials is limited to the 
few men these parties pick out, the builders of the Oklahoma 
constitution decided to regulate the manner in which political 
parties shall choose their candidates. This is done at what is 
termed a primary election. 

164 . Mandatory Primary. "The legislature shall enact 
laws providing for a mandatory primary system, which shall 
provide for the nomination of all candidates in all elections 
for state, district, county, and municipal officers, for all politi¬ 
cal parties, including United States senators : provided, how¬ 
ever, this provision shall not exclude the right of the people 
to place on the ballot by petition any nonpartisan candidate ” 
(Art. Ill, sect. 5). A mandatory primary election law was 
enacted by the first legislature in accordance with this consti¬ 
tutional provision. All candidates of political parties must be 
chosen at a primary which is held the first Tuesday in August 
of every even-numbered year. The officers provided by the 
general election law also have control of the primary. The 
voting places are the same, and the ballot is as nearly as pos¬ 
sible like that used at the general election. However, only 
candidates of one party appear on one ticket, and the tickets 
of the respective parties must be of different colors. The 
July registration in cities of the first class is for the benefit of 
the primary. The entire expense of this election is borne by 
the state and local governments, just as is the case in a 


ELECTORS AND ELECTIONS 


35 


general election. The officers voted for include every one 
who represents the people, from precinct committeemen and 
delegates to the state convention where the party platform is 
now made, up to the highest office in the gift of the people. 

165 . Nominating Petitions. In order that a candidate may 
have his name upon a primary ballot, he must present a petition 
to the proper election board. Any candidate for an office 
where the electors of the entire state shall vote, or a candidate 
for the legislature, or in any district larger than a county, 
must present his petition to the secretary of the state election 
board. A candidate in a county or a division smaller than a 
county files his petition with the secretary of the county elec¬ 
tion board. Candidates for the United States senate ^ are voted 
for at the primary the same as other candidates. 

166 . Primary Election and Ballot. The election is con¬ 
ducted exactly like a general election, only instead of having 
the names of all candidates on one ticket, separate ballots are 
printed for each party, and a voter on entering the election 
booth announces his party and is given the proper ticket. 
The ballot is similar in form to the one presented earlier in 
this chapter, except that there is no party insignia upon it. 

167 . Nonpartisan Nominations. If one belongs to no 
political party, he cannot vote at the primary; but non¬ 
partisan nominations can be made by exactly the same method 
used to petition names upon the primary ballot of the sev¬ 
eral political parties. These petitions are filed in the same 
way that party petitions are filed, and at the same time. 

1 United States senators are not elected by the people, nor is a political 
party bound to nominate a candidate in order to have his name considered 
at the time the legislature meets in joint session. But such a vote is re¬ 
garded as instructing the legislators as to what the people desire, and the 
legislature is apt to follow the express will of the people. 


86 


OKLAHOMA SCHOOL CIVICS 


168 . How to Vote. At the primary one must stamp in the 
square to the left of the names of the men for whom he de¬ 
sires to vote. At the regular election, to vote a straight ticket, 
stamp in the circle beneath the device (Boynton, p. 271). To 
vote a mixed ticket, stamp in the square to the left* of the 
name of each candidate for whom it is desired to vote. Or if 
one stamps in the circle beneath the device and then crosses 
over and votes for certain candidates in other columns, his 
vote will be counted for the candidates beneath the device, 
except where he has indicated a preference for some other 
candidate. 

169 . Corrupt Practice at Elections. Since primary elec¬ 
tions are now as much under sanction of law as are the 
general elections, it has been deemed necessary to provide 
penalties for violations of its provisions even more stringent 
than for the general election. Corporations are especially 
forbidden in any way to participate in elections. It is a peni¬ 
tentiary offense to bribe a voter. Election officers are like¬ 
wise severely punished for failing to do their duty; and any 
one who brings intoxicating liquors of any kind within one 
half mile of a voting place is guilty of a misdemeanor. 

170 . Limitation on Amount of Money to be Spent. There 
seems to be no limit placed upon the amount a candidate 
may spend to secure his election after he is nominated, but 
he is strictly limited as to what he can spend in order to se¬ 
cure a nomination. The amount^ is in proportion to the 

1 Candidates for United States senator or governor are not to spend an 
amount exceeding ^3000 ; other state offices, $1500; supreme judge, $1000 ; 
Congress, $Soo; district judge, $500; state senator, ^250; representatives 
in a district larger than a county, $250; county candidates, $200 ; sub¬ 
division of county, $50; mayor (cities over 15,000), I200; other city offi¬ 
cials (cities over 15,000), $1 50; mayor (cities less than 15,000), $100; other 
officials (cities less than 15,000), $50. 


ELECTORS AND ELECTIONS 


87 


relative importance of the office. The law aims to prevent rich 
men, by a lavish use of money, from obtaining nominations. 
It also seeks to make it possible for a person of limited means 
to aspire to the highest office in the gift of the people. If 
a candidate violates this provision, he not only forfeits his 
right to have his name printed on the primary ballot, but is 
also guilty of a misdemeanor, and on conviction shall pay a 
fine of not less than one hundred dollars nor more than two 
thousand dollars, and suffer a jail sentence as well. And even 
if a person is elected to an office, and it is found that he has 
violated the corrupt-practice features of the state election laws, 
he shall not be entitled to hold such office. Newspapers are 
compelled to announce political advertising as such, so that 
the voter will not be deceived into believing that purchased 
space in the paper is the editorial opinion of the publisher. 

171 . Publicity. Before the state and county election boards 
give out any certificates of nomination or election they must 
give out for publication a statement of each candidate’s ex¬ 
penditures and all that was spent in his behalf by his several 
agents. Within ten days after a primary or general election, 
as the case may be, the campaign committees, both of indi¬ 
viduals and of parties, must file a complete list of all money 
which came into the hands of such committees. 


CHAPTER XI 


TAXATION AND PUBLIC DEBTS 

172 . Taxation. Of all governmental functions taxation is 
the most important. Any student of American histoiy must 
have noticed that the century-old struggle in England and 
America was directed chiefly against the king’s attempt to 
levy taxes without the consent of those taxed. And to-day 
the most difficult problem statesmen have to meet is to equi¬ 
tably adjust the burdens of government upon each man ac¬ 
cording to the benefit he receives from the government, and 
according to his ability to help support it. In no respect has 
the constitution of Oklahoma gone further from the com¬ 
monly accepted custom in America than in the matter of 
taxation. The Oklahoma constitution was so written that 
those men who obtained the greatest financial benefit from 
the state and its system of laws should contribute most to 
the state’s support. The power to tax can never be surren¬ 
dered, suspended, or contracted away, but must always remain 
a function of the state. 

173 . Assessment. The township trustee is the assessor in 
rural communities (chap, i, § 6). Cities and towns elect an 
assessor each year (chap, ii, § 22). As soon as possible on 
or after the first Monday of March of each year it is the duty 
of the assessor to make a list of the property of each person 
residing within the township or city which he is to assess. 
All assessments must be completed and the assessment rolls 
turned over to the county clerk by the township and municipal 

88 


TAXATION AND PUBLIC DEBTS 


89 


assessors by the first Monday in May. All property is to be 
assessed to the person who owned it on the first of March, no 
matter if it has been sold after that time and before the asses¬ 
sor calls upon him. All property is listed in schedules and 
at actual cash value. The taxpayer must take oath that he 
''give in” all his property at its true value before his returns 
are received. The assessor who shall commit any willful error 
in the performance of his duty shall be deemed guilty of mal¬ 
feasance, and upon conviction thereof shall forfeit his office 
and be otherwise punished as provided by law. The various 
boards of equalization are as follows : townships, the town¬ 
ship board; towns, assessor, president of board of trustees, 
and town clerk; cities, assessor, mayor, and city clerk; coun¬ 
ties, board of county commissioners; state, governor, state 
auditor, state treasurer, secretary of state, attorney-general, 
state examiner and inspector, president of the board of 
agriculture. 

174 . Duties of Boards of Equalization. The duties of 
these boards are most important. On the third Monday in 
April the boards for the townships, towns, and cities meet 
to examine the assessment rolls of their respective localities. 
They hear all complaints of persons who feel aggrieved by 
their assessments, and correct, equalize, and adjust assess¬ 
ments by increasing or diminishing the amounts listed for 
any individual, when unjust. These boards may, if necessary, 
even require a reassessment of all property on the tax roll. 
On the first Monday in June the county board of equaliza¬ 
tion holds its sessions and equalizes the taxes of the respec¬ 
tive political divisions of the county. As these tax rolls are 
made by as many different men as there are townships, 
towns, and cities in the county, no two lists are apt to be 


90 


OKLAHOMA SCHOOL CIVICS 


made upon the same basis. Previous to making the assess¬ 
ment the assessors often hold a convention at the county 
seat and decide on a list by which to assess. Notwithstand¬ 
ing, there are bound to be discrepancies which need adjust¬ 
ment. What the county board of equalization does for one 
county the state board does for the entire state. This state 
board meets on the third Monday in June. It is the duty of 
this board to examine the various county assessments, and to 
equalize, correct, and adjust the same as between the counties, 
by increasing the aggregate assessed value of the property, 
or any class of property, in any of the counties, so that it 
conforms to the fair cash value. It can order the assessment 
rolls of any county so corrected. The state board of equali¬ 
zation also assesses all public service corporations. 

175 . Ad Valorem Tax. " Except as herein otherwise pro¬ 
vided, the total taxes on an ad valorem basis for all purposes— 
state, county, township, city, or town, and school-district taxes— 
shall not exceed in any one year thirty-one and one-half mills 
on the dollar, to be divided as follows: state levy, not more 
than three and one-half mills; county levy, not more than 
eight mills. Provided^ That any county may levy not exceeding 
two mills additional for county high school and aid to the 
common schools of the county, not over one mill of which 
shall be for such high school, and the aid to said common 
schools shall be apportioned as provided by law; township 
levy, not more than five mills; city or town levy, not more 
than ten mills ; school-district levy, not more than five mills 
on the dollar for school-district purposes, for support of com¬ 
mon schools. Provided, That the aforesaid annual rate for 
school purposes may be increased by any school district to 
an amount not to exceed ten mills on the dollar valuation, on 


TAXATION AND PUBLIC DEBTS 


91 


condition that a majority of the voters thereof voting at an 
election, vote for said increase ” (Art. X, sect. 9). The assess¬ 
ment having been taken and an estimate made by the respec¬ 
tive township, town, city, county, and state officials of what it 
will cost to run their respective offices the next year, then 
the rate of taxation can be ascertained. It is determined by 
dividing the estimated expense for the year by the assessed 
valuation. The tax roll is turned over to the county treasurer 
by the county clerk on or before October i ; on October 15 
the ad valorem tax becomes due. All such taxes must be 
paid by January i, or a penalty (i.e. extra charge) attaches. 

176 . Exemptions. " All property used for free public libra¬ 
ries, free museums, public cemeteries, property used exclu¬ 
sively for schools, colleges, and all property used exclusively 
for religious and charitable purposes, and all property of the 
United States and of this state and of counties and of munici¬ 
palities of this state ; household goods of the heads of families, 
tools, implements, and live stock employed in the support of 
the family, not exceeding one hundred dollars in value, and 
all growing crops, shall be exempt from taxation. Provided, 
that all property not herein specified, now exempt from tax¬ 
ation under the laws of the territory of Oklahoma, shall be 
exempt from taxation until otherwise provided by law; and 
provided further, that there shall be exempt from taxation, 
to all ex-Union and ex-Confederate soldiers bona fide residents 
of this state, and to all widows of ex-Union and ex-Confederate 
soldiers, who are heads of families and bona fide residents of 
this state, personal property not exceeding two hundred dol¬ 
lars in value. All property owned by the Murrow Indian 
Orphan Home, located in Coal County, and all property 
owned by the Whitaker Orphan Home, located in Mayes 


92 


OKLAHOMA SCHOOL CIVICS 


County, so long as the same shall be used exclusively as 
free homes or schools for orphan children, and for poor and 
indigent persons, and all fraternal orphan homes, and other 
orphan homes, together with all their charitable funds, shall 
be exempt from taxation ; and such property as may be ex¬ 
empt by reason of treaty stipulation existing between the 
Indians and the United States government, or by federal 
laws during the force and effect of such treaties or federal 
laws. The legislature may authorize any incorporated city 
or town, by a majority vote of its electors voting thereon, to 
exempt manufacturing establishments and public utilities 
from municipal taxation for a period not exceeding five 
years, as an inducement to their location ” (Art. X, sect. 6). 
This clause of the constitution is self-explanatory. This long 
list of exemptions (Boynton, p. 281) from taxation is placed 
in the constitution because it is felt that either such property 
is a necessity to citizens in earning a living, or such institu¬ 
tions are a public benefit, and that they should not be charged 
with the burdens of government. The active members of fire 
and militia companies are also exempt from paying poll tax. 
Cities and towns are often much benefited by factories being 
located within their boundaries. They are allowed to aid the 
factory during the first of its struggle by exempting it from 
taxation. 

177 . Special Tax Provision. The legislature shall have 
power to provide for the levy and collection of license, 
franchise, gross revenue, excise, income, collateral and direct 
inheritance, legacy, and succession taxes; also graduated in¬ 
come taxes, graduated collateral and direct inheritance taxes, 
graduated legacy and succession taxes ; also stamp, registra¬ 
tion, production, or other specific taxes (Art. X, sect. 12). The 


TAXATION AND PUBLIC DEBTS 


93 


state may select its subjects of taxation, and levy and collect 
its revenues independent of the counties, cities, or other mu¬ 
nicipal subdivisions (Art. X, sect. 13). Under this provision of 
the constitution the state and its subdivisions are given an 
absolutely free hand in levying taxes so long as they are uni¬ 
form upon the same class of subjects. 

178 . License and Franchise Taxes. Cities and towns may 
levy a license tax. In states where liquor is sold, the liquor 
license is of this character. The dog tax and drayman’s license 
is also a license tax. A franchise tax is a demand that a 
semipublic corporation pay a portion of its receipts into the 
public treasury for the privileges granted. Street-car compa¬ 
nies, lighting and water companies are often subject to such 
charges. When articles of incorporation are filed a fee of 
one tenth of one per cent of the authorized capital stock is 
charged. This is a license tax that is charged but once, but 
it is frequently a tax of large proportions. A railroad com¬ 
pany that is incorporated for three million dollars must pay 
a license tax of three thousand before it can begin business 
in the state. The secretary of state collects so many fees and 
license taxes of this character that his office is one of the great 
revenue-gathering offices of the state. 

179 . Income Tax. It is the duty of the assessor to furnish 
the state auditor a list of all persons whose income is in excess 
of ^3500, and upon which no gross receipt or excise tax has 
been paid. He shall also furnish a list of other persons in 
his township, who, in his opinion, may be liable for an income 
tax, and such persons can be compelled to make a statement 
under oath concerning their incomes. The tax all goes to the 
common-school fund, and is as follows: for the excess over 
^3500 and less than ;^5ooo, one half of one per cent; for 


94 


OKLAHOMA SCHOOL CIVICS 


the excess over ^5000 and less than ^10,000, three fourths 
of one per cent; for the excess over ^10,000 and less than 
$ 20 , 000 , one and one-fifth per cent; for the excess over 
$ 20,000 and less than $50,000, two per cent; for all amounts 
over $100,000, three and three-tenths per cent. If a person 
neglects or refuses to pay his income tax, it becomes a lien 
on his property, the same as ad valorem tax, and if a false 
affidavit is made in connection with the collection of an in¬ 
come tax, the person is guilty of perjury. There is also a 
graduated income tax on the rents and profits of large farms 
that are not owned, but are held under title less than fee. 
The tax is one per cent upon the rents and profits of said 
farms for the excess over one section. It increases to ten 
per cent upon the rents and profits of said farms where such 
holdings exceed five thousand acres. This law was especially 
designed to reach the large holdings on the Indian Territory 
side of the state. Often men will be in possession of vast 
estates in this section of the commonwealth, and yet the title 
to the land will rest in the government. 

180 . Inheritance Tax. Property that passes by will or in¬ 
heritance — bequests, legacies, etc. — is taxed in proportion to 
the amount of property that passes and the relationship of the 
person benefited. The county judge supervises the collecting 
of this tax. It is paid to the county treasurers and by them 
turned over to the state treasury. One half the sum derived 
goes to the common-school fund; the other half is applied 
to the expenses of the state government. Such a tax is 
levied by several states, and is becoming more and more a 
source of revenue for the support of state governments. 

181 . Exemptions from Inheritance Tax. All property 
transferred to corporations of this state organized solely for 


TAXATION AND PUBLIC DEBTS 


95 


religious, charitable, or educational purposes is exempt from 
this tax. Widows are allowed to inherit ten thousand dollars 
without being required to pay the tax, while children or parents 
of a deceased person can receive five thousand dollars’ tax 
free. Other relatives can inherit in much smaller amounts 
without being obliged to pay the tax. 

182 . Graduated Land Tax. This law provides that eveiy^ 
person can own three hundred and twenty acres (a half sec¬ 
tion) of land without paying any tax upon it other than the 
regular ad valorem tax discussed in a previous section. Any 
one can own as much as six hundred and forty acres of land 
of average taxable value and still pay only the usual ad valorem 
tax. The law declares that twenty dollars per acre shall be 
regarded as the average value of Oklahoma lands. Thus, if 
one owns more than a section of average-value land, or, in 
other words, has more than ^12,800 invested in farm lands 
of greater acreage than half a section of average land, he 
pays one fourth of one per cent upon the excess ; ten per 
cent per annum is levied if one is possessed of over ten 
thousand acres. Thus it will be seen that the tax is really 
prohibitory on large bodies of land. One could not afford to 
hold them and pay the tax. This law will probably tend to 
increase the number of landowners, and this doubtless was 
the intention of the framers of the law. 

183 . The Gross Revenue Tax. The first state legislature 
provided for the levy and collection of an extra tax upon all 
public-service corporations, and from all persons, firms, or 
corporations engaged in mining or in the production of oil or 
natural gas. Every company or person affected by this act 
must pay the state a gross revenue tax for the fiscal year 
ending June 30, 1909, and for each year thereafter. This 


96 


OKLAHOMA SCHOOL CIVICS 


is in addition to the ad valorem tax previously mentioned. 
Sleeping-car companies pay three per cent and railroads pay 
one per cent. Those engaged in the production of coal pay 
one per cent; oil, gas, and other companies engaged in 
mining pay one half of one per cent of their gross produc¬ 
tion. If a firm or corporation fails or refuses to make a 
report to the state auditor’s office of the amount of its gross 
revenue or production, the auditor is required to certify the 
name of the company to the district court, and the firm will 
be compelled to pay according to law. 

184 . Poll Tax. Every male between the ages of twenty- 
one and fifty years is required to pay a poll tax of two dollars, 
and must be listed by the assessor. Active members of fire 
and militia companies are exempt from this tax (Art. X, 
sect. 18). 

185 . Bonds. All laws authorizing the borrowing of money* 
by and on behalf of the state, county, or other political sub¬ 
division of the state, shall specify* the purpose for which the 
money is to be used, and the money so borrowed shall be 
used for no other purpose. A bond is an interest-bearing 
promissory note of the state, county, town, or district, agree¬ 
ing to pay a certain sum of money at a given time. No law 
creating a bonded indebtedness can take effect until it shall, 
at a general election, have been submitted to the people and 
have received a majority of all votes cast for and against it at 
such election (Art. X, sect. i6). No bond of indebtedness of 
this state shall be valid unless the same shall have indorsed 
thereon a certificate, signed by the auditor and attorney- 
general of the state, showing that the bond or evidence of 
debt is pursuant to law and is issued within the debt limit. 
No bond or evidence of debt of any county, or bond of any 


TAXATION AND PUBLIC DEBTS 


97 


township or any other political subdivision of any county, 
shall be valid unless the same have indorsed thereon a cer¬ 
tificate signed by the county clerk or other officer authorized 
by law to sign such certificate, and the county attorney, stat¬ 
ing that said bond or evidence of debt is issued pursuant to law, 
and that said issue is within the debt limit (Art X, sect. 29). 

186 . The Debt Limit. The state may, to meet casual 
deficit or failure in revenue, or for expenses not provided 
for, contract debts, but such debts shall not at any time 
exceed ^400,000, and the moneys arising from the loans 
creating such debts shall be applied to the purpose for which 
they were obtained, or to repay the debts so contracted, and 
to no other purpose whatever (Art. X, sect. 23). 

187 . War Debt not Limited. In addition to the above 
limited power to contract debts, the state may contract debts 
to repel invasion, suppress insurrection, or to defend the 
state in war; but the money arising from the contracting of 
such debts shall be applied to the purpose for which it was 
raised, or to repay such debts, and to no other purpose whab 
ever (Art. X, sect. 24). 

188 . Sinking Fund. Counties, townships, school districts, 
cities, and towns shall levy sufficient additional revenue to 
create a sinking fund to be used (i) for the payment of 
interest coupons as they fall due; (2) for the payment of 
bonds as they fall due; (3) for the payment of such parts 
of judgments as such municipality may, by law, be required 
to pay (Art. X, sect. 28). It is also provided that the law 
shall provide for the collection of a direct annual tax sufficient 
to pay the interest on all bonded debts as it falls due, and 
also to pay and discharge the principal of such debts within 
twenty-five years from the time of the contracting thereof. 


98 


OKLAHOMA SCHOOL CIVICS 


189 . Bonds not to be voted to aid Private Enterprise. 
The credit of the state shall not be given, pledged, or 
loaned, to pay any individual, company, or corporation, or 
association, municipality, or political subdivision of the state; 
nor shall the state become an owner or stockholder in, or 
make donation by gift, subscription to stock, by tax, or 
otherwise, to any company, association, or corporation. The 
legislature shall not authorize any county, or subdivision 
thereof, — city, town, or incorporated district, — to become 
a stockholder in any company, association, or corporation, or 
to obtain or appropriate money for, or levy any tax for, or 
to loan its credit to, any corporation, association, or individual 
(Art. X, sect. 15). It has been a common practice in Okla¬ 
homa, as well as elsewhere in the Middle West, to vote bonds 
or city warrants to railroad companies as an inducement for 
them to build into the locality voting the bonds. This prac¬ 
tice is now absolutely prohibited by the constitution. 

190 . Fiscal Year. The fiscal or business year of the state 
begins on the first day of July. All accounts are checked 
up to this date. Appropriations that have been made by the 
legislature but have not been entirely expended often revert 
back into the treasury at this time. 


CHAPTER XII 


PUBLIC-SCHOOL SYSTEM 

191 . Public Schools and the Enabling Act. The fifth sec¬ 
tion of the enabling act requires that provisions shall be made 
for the establishment and maintenance of a system of public 
schools conducted in English, open to all the children of the 
state, and free from sectarian control. It also provides that 
other languages may be taught in the public schools, and per¬ 
mits the establishment and maintenance of separate schools 
for white and colored children. The enabling act is higher 
law than the state’s ’constitution, and therefore the state’s 
school law had to be formulated in accordance with it. 

192 . Free Public Schools. Section 5 of Article I of the 
state constitution repeats this section verbatim. Ever since the 
earliest organization of Oklahoma Territory a free public-school 
system was maintained. The white people of Indian Terri¬ 
tory did not have such good school advantages, although free 
public schools were maintained in the incorporated cities, 
and some free schools were supported by the federal govern¬ 
ment in rural sections. The Five Civilized Tribes had sup¬ 
ported public schools for Indian children for more than a 
generation. As the laws of Oklahoma Territory were extended 
over Indian Territory on the adoption of the constitution, the 
school law of the Oklahoma portion of the new common¬ 
wealth became the law for the entire state. 

193 . Organization of Districts. The county superintend¬ 
ent can lay out a school district with such boundaries as he 

99 


lOO 


OKLAHOMA SCHOOL CIVICS 


sees fit. But such boundaries must be within reason. The 
district is said to be organized when its officers have been 
elected and qualified. No district shall be organized contain¬ 
ing less than eight persons of school age. As there were no 
counties and consequently no school districts in Indian Ter¬ 
ritory until after statehood, county superintendents in that 
section had to organize a vast territory^ This was done, as a 
rule, by forming the largest possible districts compatible with 
efficiency. Thus the advantage of so-called consolidated or 
township schools has, in many cases, been obtained from the 
very first. 

194 . District Officers. A director, clerk, and treasurer 
constitute the school board. Women as well as men are eligi¬ 
ble to serve on any school board. At the annual meeting in 
1908 the director was elected for three years, the clerk for two 
years, the treasurer for one year. Their successors will be 
elected for three years. The director presides at all district 
meetings, and he signs all warrants drawn by the district 
clerk on the treasurer. The clerk keeps all the books belong¬ 
ing to the district. He must transmit to the county clerk, on or 
before May 25 of each year, a list of all persons in his district 
liable to pay taxes. He must promptly report to the county 
superintendent all school officers elected, the commencement 
of each term of school, and the amount of school tax levied at 
the annual meeting. The treasurer must give a bond in double 
the amount of school money he is apt to handle each year. 
He must keep a careful report of all moneys received and 
expended, and make a full report at the annual district meet¬ 
ing. He can pay out funds only on warrants properly signed. 
If warrants are not paid for want of funds, he records same 
in the warrant register. Such warrants draw six per cent 


PUBLIC-SCHOOL SYSTEM 


lOI 


interest until notice is given that funds are on hand to pay 
them. This notice being given, the interest stops after thirty 
days. Acting together these officers constitute the district 
school board, with duties that cannot be performed singly. 
Under instructions from a district meeting it can provide a 
schoolhouse and grounds. The board hires the teacher, pro¬ 
cures fuel and supplies, and has general supervision of all 
school property. With the sanction of the county superin¬ 
tendent, it can dismiss a teacher for incompetency, cruelty, 
negligence, or immorality. The law provides that at least 
twice each term one member of the board visit the school. 

195 . Consolidated Districts. Experience has shown that 
the best results cannot be obtained in a one-room rural school, 
with one teacher to give instruction in all grades. Better re¬ 
sults are obtained by consolidating two or more districts and 
erecting a suitable building at a central point. Teachers are 
then selected who are especially equipped for the work of the 
different grades, and better equipment is afforded. Such con¬ 
solidated schools are to be found in most of the states of the 
Middle West, Oklahoma included. The law provides that a 
majority of those voting in each district must favor the prop¬ 
osition in order to consolidate. In case pupils live more than 
two miles from the schoolhouse, the district is compelled to 
transport them ; but it has been shown that this extra expense 
can be assumed by the enlarged district, and yet there will be 
no increase of school taxes, since it has been found cheaper 
and better to maintain one large school at a central point than 
three or four little inefficient schools at different points. 

196 . Annual Meeting: Voters. The annual school meet¬ 
ing is held the first Tuesday in June, at two o’clock in the 
afternoon. At this meeting the voters elect the district officer 


102 


OKLAHOMA SCHOOL CIVICS 


whose term expires. A tax for the support of the school, 
not to exceed two per cent, is levied; and the length of 
term is decided upon, which must not be less than three 
months. A ballot box is seldom provided. Matters are gen¬ 
erally discussed in open meeting and then voted upon by viva 
voce vote. Often all matters pertaining to school-board ac¬ 
tivities are discussed and decided. All persons, male or 
female, twenty-one years of age and citizens of the United 
States, or who have declared their intention to become such, 
who have resided in the state one year, in the township sixty 
days, and in the district thirty days, previous to the time of 
election, are qualified voters at a school election. 

197 . School Districts in Towns. The school board in the 
incorporated town is exactly the same as in the rural dis¬ 
tricts. Frequently adjoining rural territory is added to a 
town or city district, thus affording the country children liv¬ 
ing in the vicinity of a town or city the advantage of a much 
better equipped and more highly organized school. 

198 . Schools in Cities of the First Class. Every city of 
the first class is an independent school district. Contiguous 
rural territory is sometimes added to it. Each ward elects 
two members on the board. This board has general control 
of the schools of the city. It elects teachers and also a super¬ 
intendent, neither of whom is under the supervision of the 
county superintendent. At the annual meeting, the first 
Monday in May, the board organizes by the selection of a 
president, vice president, and a clerk. The treasurer is elected 
by the people at the same time the board is chosen. The 
clerk gives a bond of one thousand dollars ; the bond of the 
treasurer is prescribed by the board. The course of study in 
cities and towns is much more elaborate than in rural schools. 


PUBLIC-SCHOOL SYSTEM 


103 


Cities of the first class maintain efficient instructors in the 
first eight grades, and generally have well-organized high 
schools. Special instructors in drawing and music and other 
branches are frequently provided. The constitution requires 
that the legislature shall provide for the teaching of the ele¬ 
ments of agriculture, horticulture, stock feeding, and domestic 
science in the common schools of the state (Art. XIII, sect. 7). 

199 . Initiative and Referendum in School Districts. The 
rural school district in Oklahoma is almost a pure democracy. 
In towns and cities the republican form of administration 
naturally prevails. In matters of large outlay, such as the 
issue of bonds, the referendum was required in territorial days, 
and the constitution preserves the right of the initiative and 
referendum to the people of the state at large, and to the legal 
voters of every county and district therein (Art. V, sect. 5). 

200 . Uniform Text-Books. It is the duty of the legislature 
to provide for a uniform system of text-books for the common 
schools of the state (Art. XIII, sect. 7). By the adoption of 
a uniform series of books it is believed that school texts can 
be obtained at a greatly reduced price ; that experts can select 
better books than those often in use; that uniformity will bring 
all schools of like grade in closer touch; and that children 
can be moved from schools in one portion of the state to those 
of another without loss of time or money. The text-book com¬ 
mission consists of six educators, appointed by the governor, 
by and with the consent of the senate. The governor is ex- 
officio chairman of this board. This commission selects a 
uniform set of text-books for all common and high schools of 
the state. The six appointed members hold office for a term 
of five years. Books selected are adopted for a term of five 
years, at the end of which period a new adoption is made. 


104 


OKLAHOMA SCHOOL CIVICS 


201 . County High Schools. The second state legislature 
repealed the county high-school law; but such high schools 
as were already in operation, or where the vote had been 
taken to establish such a school previous to the repeal of 
the law, were expressly excepted from the operation of the 
bill. Under this latter provision the county high schools at 
Guthrie, in Logan County, and at Helena, in Alfalfa County, 
will continue their educational work. Creek County will also 
soon (1909) establish such an institution at Mounds. 

202 . Separate Schools. The enabling act provides for the 
establishment and maintenance of separate schools for white 
and colored children. In districts having both white and 
colored children of school age, the separate school is estab¬ 
lished for those who are fewer in number. When the number 
of pupils for the separate school does not exceed ten, they 
may be transferred to the nearest school of their own color 
in the adjoining district. This transfer can be made without 
the consent of the parents, if the distance does not exceed 
two and a half miles. If further than that, the parents’ con¬ 
sent has to be obtained before the transfer can be made. In 
a district where there is a separate school there is a separate 
board of education — a colored board for colored schools and 
a white board for white schools. The county superintendent 
certificates colored as well as white teachers. 

203 . Compulsory Education. The legislature must provide 
for the compulsory attendance at some public or other school, 
unless other means of education are provided, of all the chil¬ 
dren in the state, who are sound in mind and body, between 
the ages of eight and sixteen years, for at least three months 
in each year (Art. XIII, sect. 4). Beginning in the fall of 
1910, children of school age will be required by law to attend 



PUBLIC-SCHOOL SYSTEM 


105 


at least five months each year. A child who is the chief sup¬ 
port of a widowed mother can have the matter brought to the 
attention of the county commissioners, and on proper show¬ 
ing he will receive a reasonable allowance per month for his 
actual days of attendance (session laws, 1907-1908, p. 395). 

204 . County Superintendent of Public Instruction. The 
general supervision of the schools of a county is in the hands 
of the county superintendent of public instruction. Women 
as well as men can hold this office. A necessary qualifica¬ 
tion for this position is to hold a first-grade county certifi¬ 
cate or be a graduate of some institution of learning. The 
county superintendent divides the county into convenient 
school districts, but he cannot change the boundaries of a 
district unless one third of the voters of such district so peti¬ 
tion. Appeals may be taken from his decision to the county 
commissioners by a petition of one fourth of the legal voters 
in the district. He fills vacancies on rural and town school 
boards, but his jurisdiction does not extend to schools in 
cities of the first class. He is chairman of the county board 
of examiners that certificates teachers. He must visit each 
school at least once during each term, for which he receives 
one dollar for each school so visited, and he has general 
supervision of discipline, classification, and instruction of the 
schools under his charge. Each summer he holds a teachers’ 
institute for at least four weeks. There is, however, no stat¬ 
ute requiring teachers to attend these summer normals. Two 
or more counties may hold a joint institute. Conductors and 
instructors hold special certificates issued by the state board 
of education. His salary depends upon the population of the 
county. It cannot be higher than ^1800 and may be as low 
as ^800 per year. 


io6 


OKLAHOMA SCHOOL CIVICS 


205 . Teachers’ Certificates. Under the direction of the 
state board of education the state board of examiners pre¬ 
pares questions, so that all teachers’ examinations will be uni¬ 
form throughout the state. County examinations are held on 
the last Thursday and Friday of January, April, July, and Oc¬ 
tober, and at the close of the normal institutes. A day or two 
before the examination the questions are sent sealed to the 
county superintendent. In the presence of the applicants and 
the two assistant examiners he breaks the package. First-, 
second-, and third-grade certificates are issued, according to 
the experience and proficiency of the applicant. 

206 . School Tax. The state constitution provides that a 
school tax may be levied of " not more than five mills on the 
dollar for the support of the common schools, unless the 
annual rate be increased by any school district to an amount 
not to exceed ten mills on the dollar valuation where a 
majority of the electors thereof vote for the increase. It also 
provides that any county may levy a school tax not to exceed 
two mills on the dollar for a county high school ^ and to aid 
the common schools of the county. Not over one mill of 
this tax shall be for the county high school, and the aid to 
common schools shall be apportioned according to law” 
(Art. X, sect. 9). This tax levy will provide ample means 
for the support of the state’s school system. The above limi¬ 
tations are for maintenance. For the purpose of erecting 
school buildings in counties, cities, or school districts the 
rate of taxation may be increased five mills more "when the 
rate of such increase and the purpose for which it is intended 
shall have been submitted to vote of the people, and a majority 


1 There is no county high-school law, and this clause in the constitution 
is now noneffective, except in the three counties mentioned in sect. 201. 





PUBLIC-SCHOOL SYSTEM 


107 

of the qualified voters of such county, city, or school district 
shall vote therefor” (Art. X, sect. io). 

207 . County School Fund. Besides the one mill of direct 
tax above mentioned, the county school fund is also aug¬ 
mented by all fines, sales of estrays, marriage fees, and 
money paid for release from military duty. This fund is 
apportioned among the various districts of the county ac¬ 
cording to school population. 

208 . State Apportionment. Each year the clerk of every 
school board must see to it that a careful enumeration of 
every person of school age, i.e. between the ages of six and 
twenty-one, is taken. Such enumeration is sent to the county 
superintendent and by him transmitted to the state superin¬ 
tendent. Twice each year, between the fifteenth and the 
thirtieth day of January and between the fifteenth and 
thirtieth day of July, the commissioners of the land office 
apportion the income of the state school fund, and the 
annual taxes collected by the state for the support of public 
schools, to those counties from which proper reports have 
been made. This money, when received by the county super¬ 
intendent, is apportioned among the respective districts ac¬ 
cording to school population. City, as well as town and rural 
districts, receive their semiannual apportionment through the 
county superintendent. Funds for‘the state apportionment 
are chiefly derived from the rental of the school lands (see 
Appendix B), and from the interest on the five million dollars 
donated by Congress (chap, iv, § 60). These lands and the 
funds derived from them are under the control of the commis¬ 
sioners of the land office. It is the duty of the commissioners 
to invest the permanent school fund in safe securities, espe¬ 
cially Oklahoma farm loans, at five per cent interest. 


io8 


OKLAHOMA SCHOOL CIVICS 


209 . State Superintendent of Public Instruction. The 

duties of the state superintendent have been considered under 
the executive department of the state (chap, viii, § 117). 
He is head of the entire school system of Oklahoma. His 
office has direct charge of all state examinations, keeps in 
close touch with the county superintendents, and advises every 
one interested upon school matters. The state superintendent 
is ex officio a regent of many of the state schools, and is also 
a member of numerous important boards. 

210 . State Board of Education. The supervision of in¬ 
struction in the public schools is vested in a board of educa¬ 
tion whose powers and duties shall be prescribed by law. 
The superintendent of public instruction shall be president 
of the board. Until otherwise provided by law, the governor, 
secretary of state, and attorney-general are ex officio members, 
and, with the superintendent, compose the state board of edu¬ 
cation (Art. XI 11 , sect. 5). 

211 . State Board of Examiners. The state board of ex¬ 
aminers consists of eight competent educators, besides the 
state superintendent, who is ex-officio president of the board. 
This board of examiners, by and with the consent of the state 
board of education, adopts rules and regulations and prepares 
questions for all teachers’ examinations held in the state. It 
decides the requirements for state certificates, prepares the 
questions, and holds the examination for the same. It ex¬ 
amines and certificates all applicants for normal institute 
conductors or instructors. It prepares questions for all city 
and county teachers’ examinations, but under the present 
law city boards of education need not use such questions 
unless they so desire. The state board of examiners also 
prepares questions for applicants for graduation from the 



PUBLIC-SCHOOL SYSTEM 


109 


eighth grade. Pupils who successfully pass this examination 
are admitted into the subnormal course of the state normals, 
the preparatory course of the state university and state agri¬ 
cultural college, the university preparatory schools, and the 
county high schools without examinations. Most city high 
schools also recognize such diplomas. 


CHAPTER XIII 


STATE INSTITUTIONS 

212 . The University Preparatory Schools. There are two 
university preparatory schools, one located at Tonkawa, in 
Kay County and one at Claremore, in Rogers County. These 
schools were founded by the state in order to afford grad¬ 
uates of the common schools a high-school education. The 
town- or city-school pupils pass from the eighth grade into 
the high school, but the child from the country has no oppor¬ 
tunity to continue his education tuition free, if there is no 
county or township high school, yet he is unable to enter the 
state university without additional preparation. The Tonkawa 
and Claremore schools supply this deficiency. They are under 
the control of a board of three regents, consisting of the gov¬ 
ernor and two others appointed by him. 

213 . Normal Schools. Oklahoma has six normal schools : 
the Central State Normal, located at Edmond ; the North¬ 
western, at Alva; Southwestern, at Weatherford; North¬ 
eastern, at Tahlequah ; Southeastern, at Durant; and East 
Central, at Ada. The object of these schools is to train com¬ 
petent teachers for the schools of the state. Efficient general 
courses are maintained, however, and high-school work is also 
provided. Normal schools are governed by a board of regents 
consisting of five members, three of whom are appointed by 
the governor. The state superintendent is ex-officio president 
of said board, and the state treasurer is a member ex officio. 

* no 


STATE INSTITUTIONS 


111 


214 . Agricultural and Mechanical College. The aim of the 
agricultural and mechanical college is to promote scientific, ag¬ 
ricultural, and mechanical education. At Stillwater, in Payne 
County, where the school is located, experiment stations are 
maintained, and shops are provided in order that these occu¬ 
pations may be taught experimentally as well as theoretically. 
Because of this occupational education, students who desire, 
are enabled to work overtime and thus pay a portion of their 
expenses while at college. The constitution stipulates that the 
state board of agriculture, which must be composed of eleven 
farmers, shall have control of all agricultural and mechanical 
colleges (Art. VI, sect. 31 ; chap, vii, § 127). 

215 . District Agricultural Schools. Because of the com¬ 
manding importance of the agricultural industries of the state, 
six agricultural schools have been established, one in each 
supreme court judicial district, and an extra one for the Pan¬ 
handle. The Murray Agricultural School at Tishomingo and 
the Connor Agricultural School at Warner have been in oper¬ 
ation the past year. The other four have not yet (April, 1909) 
been located. Graduates of these schools are qualified to enter 
the state agricultural college. 

216 . Colored Agricultural and Normal University. At 
Langston, in Logan County, the state maintains an agricul¬ 
tural and normal university for the colored race. While this 
school has general literary and classical courses, especial at¬ 
tention is given to normal training and agricultural and in¬ 
dustrial education. Pupils receive instruction in manual 
training, machine work, carpentry, blacksmithing, domestic 
science, agriculture, horticulture, and stock feeding. The 
students care for the grounds, conduct the laundry, and per¬ 
form all labor at the boarding departments. As at Stillwater, 


I 12 


OKLAHOMA SCHOOL CIVICS 


many students are enabled to partially pay their way through 
school by employment furnished in the course in industrial 
training. Besides the state superintendent and the state 
treasurer, who are ex-officio members of this board, three 
other regents are appointed by the governor, two of whom 
must be of the colored race. 

217 . Industrial School for Girls. The name of this school 
might lead one to think that it is similar in scope to the 
Pauls Valley-Wynnewood school discussed in § 226. This is 
not the case. This school is not for unruly girls, but it is 
to teach the industrial arts to the girls of the state. Some¬ 
times it is called the " Chickasha Domestic Science School,” 
and this name seems to fit it very well. The second state 
legislature located this school at Chickasha and voted funds 
for its erection and maintenance. 

218 . School of Mines. The legislature of 1908 established 
a state school of mines at Wilburton, in Latimer County. 
This institution was deemed necessary because of the state’s 
extensive mining interests. The object of the school is to 
educate the youth of the state as competent mining engineers. 
It is under the supervision of a board of regents appointed 
by the governor. 

219 . The State University. The apex of Oklahoma’s edu¬ 
cational system is the state university. The university is in¬ 
tended to enter all the fields of higher learning. It was 
established in 1892 at Norman, in Cleveland County. The 
university embraces a college of arts and sciences, of medi¬ 
cine, of mines, of fine arts, of pharmacy, and a preparatory 
school. The government of the state university is in the 
hands of a board of regents, consisting of ten members, nine 
of whom are appointed by the governor, by and with the 


STATE INSTITUTIONS 


II 3 

consent of the senate ; and the governor, during his term of 
office, is also a member of said board. The term of office of 
the regents is for four years. 

220 . Denominational, Private, and Federal Schools. Be¬ 
sides these state institutions there are numerous denomina¬ 
tional colleges and academies, as well as private schools, that 
materially add to the educational resources of the state. The 
United States government likewise maintains numerous fed¬ 
eral Indian schools throughout the state ; and also, under the 
Dawes Commission, the federal government has supported a 
regular school system, with common-school, academic, normal, 
and college instruction, in the Indian Territory (chap, iv, § 55). 
These schools are still being conducted (1909) by means of 
federal appropriations. They work in conjunction with the 
public schools of the state. 

221 . Other Institutions. It is provided by the constitution 
that '' educational, reformatory, and penal institutions, and 
those for the benefit of the insane, blind, deaf, and mute, and 
such other institutions as the public good may require, shall 
be established and supported by the state in such manner 
as may be prescribed by law ” (Art. XXI, sect. i). 

222 . Oklahoma School for the Deaf. In September, 1905, 
a school for the deaf was opened in Guthrie. In January, 
1908, it contained one hundred ten pupils. It is now (1909) 
permanently located at Sulphur, in Murray County. It is 
governed by a board of regents consisting of three members, 
two of whom arc appointed by the governor. The state 
superintendent is chairman ex officio. 

223 . School for the Blind. The Lowery Institute for the 
Blind has long been maintained at Fort Gibson in the Cher¬ 
okee Nation. The legislature of 1908 appropriated five 


OKLAHOMA SCHOOL CIVICS 


I14 

thousand dollars for state aid to this school. Certain conditions 
in the way of equipment had to be met before this money was 
available. Here children who are blind, or who have such 
defective vision that they cannot be educated in the public 
schools, are educated at state expense. 

224 . Colored Institute for the Deaf and Blind. At Taft, 
in Muskogee County,'the state will conduct an institute for 
deaf and blind negro children. Colored orphans will also be 
cared for at this institute. 

225 . State Orphan Home. Article X, sect. 6, of the con¬ 
stitution provides that the Whittaker Orphan Homie at Pryor 
Creek, in Mayes County, shall be exempt from taxation. 
The first state legislature appropriated ^39,700 to take over the 
home, and now it is conducted as a state institution under 
the supervision of a board of trustees. 

226 . State Industrial School. In the 1908 report of the 
state superintendent it was recommended that the state 
establish an industrial school for youthful offenders. Such a 
school for truant or insubordinate children, whose conduct 
may lead to more serious consequences and whose influence 
in the public schools is bad, was established the next year 
upon a four-hundred-acre farm halfway between Pauls Valley 
and Wynnewood. Most states have such institutions. The 
committing magistrate is generally a judge, although in some 
states the city superintendent of schools may commit if 
parents consent. 

227 . Institute for the Feeble-Minded. The second state leg¬ 
islature (1909) located the Institute for the PTeble-Minded on 
a section of public land (see Appendix B) adjacent to Enid, 
in Garfield County. The name of this institution explains its 
purpose. Here, at state expense, those children are educated 


( 




STATE INSTITUTIONS 


II5 

whose minds are too weak to admit of their attendance at 
the public schools. 

228 . Asylum for the Insane. The United States govern¬ 
ment gave to Oklahoma the Fort Supply Military Reserva¬ 
tion in Woodward County, to be used as an asylum for the 
insane. The legislature of 1903 appropriated fifteen thou¬ 
sand dollars to equip this institution. Subsequent legislatures 
have appropriated additional amounts, and in May of 1908 
a portion of the patients were removed from Norman to this 
state hospital. The remainder are still cared for at Norman, 
under a contract with a private sanitarium. The second state 
legislature located the East Side Asylum for the Insane at 
Vinita, in Craig County. Probably as soon as this institution 
is able to receive the patients the contract with the Nor¬ 
man sanitarium will be allowed to lapse. In every county 
there is a commission of insanity, consisting of the county 
judge and two other persons, — a lawyer and a doctor. This 
commission examines all persons brought before it on the 
charge of being no 7 i compos mentis. If found insane, the 
patient is taken to one of the asylums. 

229 . State Reformatory. This is an institution where 
offenders convicted of felony (any crime for which one is sent, 
to state prison) can be sent in place of to the penitentiary. It 
is especially designed for youthful criminals, those between 
the ages of sixteen and twenty-five, whom the state does not 
wish to associate with the hardened criminals at McAlester. 
This institution is located at Granite, in Greer County. 

230 . Penitentiary. Oklahoma Territory had no peniten¬ 
tiary, persons convicted of felony being sent to the Kansas 
state prison at Lansing. The first legislature passed a law 
that necessitated the return of these convicts. The statute 


OKLAHOMA SCHOOL CIVICS 


116 

provided that these prisoners be used in building a system 
of macadamized roads across the state. The penitentiary is 
located at McAlester, where a high stockade is built, in 
which the convicts are confined until a prison can be erected. 
The localities, cities, and counties that will be benefited by 
the road are expected to donate bridges and aid the enterprise 
in other ways. A permanent prison is now being erected. 





CHAPTER XIV 


CORPORATIONS 

231 . Corporation Defined. A corporation (Boynton, p. 216) 
is a body of individuals who are allowed to act together as a 
single person. Upon the death of an individual his affairs 
are brought to an end, his estate is administered, and his 
business closed. On the death of one partner in a partner¬ 
ship, the partnership at once ceases and the business must 
be closed up. This is not true of corporations. The death 
of one or more directors or stockholders in a corporation has 
no effect on the corporate life. The only way a corporation 
can become extinct is to lose its charter by failure in busi¬ 
ness, forfeit its charter by misconduct, surrender its charter 
because it no longer wishes to continue in business, or have 
its charter expire by lapse of the time for which it was created. 

232 . Reason for creating Corporations. It has been found 
that many industries would suffer if, on the death of one or 
more interested parties, everything had to be settled up and 
an accounting made. For example, for universities, colleges, 
hospitals, and charitable institutions to exist indefinitely, some 
scheme had to be devised for carrying them on after the 
men connected with them had passed away. Corporations 
are the product of this need. 

233 . Corporate Charters. Every corporation must have a 
charter, granted by the state, defining what business it can 
engage in, the term of years for which it is created, and the 
amount of its capital stock. To meet the numerous demands, 


Oklohoma school civics 


Ii8 

the legislature has enacted a general statute which provides 
that the secretary of state may issue charters to corporations 
complying with the law. Foreign corporations must obtain a 
license to do business in the state. Such a license corre¬ 
sponds to the charter of a company incorporated within the 
state. And it is further provided that no " public-service cor¬ 
poration organized under the laws of any other state, or of 
the United States, and doing business, or proposing to do 
business, in this state, shall be entitled to the benefit of the 
right of eminent domain in this state until it shall have 
become a body corporate, pursuant to or in accordance with 
the laws of this state ” (Art. IX, sect. 31). 

234 . Private Corporations. A private corporation is an 
association of individuals authorized by law to transact pri¬ 
vate business as a single person. The association of in¬ 
dividuals obtains a charter from the secretary of state, which 
sets forth the object of the corporation, the term of years 
for which it is incorporated, the capital stock, and the names 
of the men who apply for the charter. The men named, hav¬ 
ing obtained the charter, proceed to elect directors, sell the 
stock, and to carry on the business for which the corpora¬ 
tion has been created. The stockholders of each corporation 
elect directors according to the terms of the charter. The 
liability of stockholders, directors, and officers for the debts 
of a corporation is fixed by law, and is twice the amount of 
the par value of the stock of each. The constitution provides 
that no private corporation shall be created, nor foreign cor¬ 
poration licensed, to conduct business in the state, except by 
general law. This is to prevent special favors being extended 
to one group of men in the way of corporate privilege, and 
denied to another. 


CORPORATIONS 


II9 

235. A Public Corporation. A public corporation is one 
founded by the sovereign people for public purposes, where 
the whole interests belong to the people. Such a corporation 
is the United States of America. Here a great body of in¬ 
dividuals act together as a single individual. Each of the 
forty-six states is a great public corporation, as are the coun¬ 
ties within the states ; and likewise cities and towns are often 
spoken of as municipal corporations. School districts and 
municipal townships are also public corporations. The charter 
of the United States is its constitution, just as is that of the 
state. In Oklahoma each municipality of over two thousand 
population can form its own constitution, which is called its 
charter (chap, ii, § 12 ). Counties, school districts, and civil 
districts do not have charters in the sense of these govern¬ 
mental divisions just named, but the general laws under which 
they are established correspond to charters, and they are clearly 
self-perpetuating corporate beings. 

236. A Semipublic Corporation. A company founded for 
private gain, but engaging in business of such a character 
that important governmental powers are granted to it, is 
known as a semipublic corporation. Such a company is 
termed in law a quasi-public corporation. Railroad, street-car, 
canal, and turnpike companies, and all public-service corpora¬ 
tions such as waterworks and lighting plants, when owned 
by individuals, are corporations of this character. They have 
the right of eminent domain (Boynton, p. 20 ). The state con¬ 
stitution forbids monopolies; since there is only one railroad, 
one street-car line, one canal, and one turnpike leading in a 
given direction from a city, and but one waterworks plant or 
lighting system in a community, as a general rule, these quasi¬ 
public corporations of necessity become monopolies, and 


120 


OKLAHOMA SCHOOL CIVICS 


are, for this reason, regulated much more stringently than 
private corporations. 

237. Church and Eleemosynary Corporations. There is 
still a fourth class of corporations which are not for private 
gain, nor do they belong to the public. They are called 
ecclesiastical and eleemosynary corporations. They are es¬ 
tablished by individuals, not for gain, but for the benefit 
of certain persons. Churches, colleges, hospitals, and asy¬ 
lums for orphans or the aged come under this heading. 
Such institutions are created as corporations because they 
best serve the purpose of the benevolent men and women 
who gave their money to found them. The charter of such 
a corporation can stipulate who can receive the benefits of 
the institution created. To illustrate: Stephen Girard in 
1831 founded a boys’ school at Philadelphia. Its object, so 
he stipulated, was to educate poor white male orphans. These 
orphan boys were to come from the following localities in the 
order named : Philadelphia, Pennsylvania, New York City, 
New Orleans ; and so to-day the student body of the famous 
Girard School is composed of orphan boys who come from 
the places named by the founder. 

238. Oklahoma’s Control of Corporations. Since corpora¬ 
tions are created by law, they are clearly subject to the au¬ 
thority of the people. Corporations in the past have not 
always recognized this, and to obviate the difficulty one of 
the most carefully drawn and exhausting clauses in the 
Oklahoma constitution is that dealing with corporations. 
Since it has been public-service corporations that have chiefly 
infringed upon the rights of the people, this portion of the 
constitution is particularly intended to regulate them. The chief 
instrument in regulating such corporations is the corporation 


CORPORATIONS 


I2I 


commission, composed of three members, each serving for 
six years (chap, viii, § 126 ). Commissioners must be resi¬ 
dents of the state for over two years next preceding their 
election, must be qualified voters, thirty years of age, and 
have no interest, direct or indirect, in any of the countless 
companies that it may be their duty to regulate. 

239. Duties of Commission. "The commission has power 
and authority, and is charged with the duty of supervising, 
regulating, and controlling all transportation and transmission 
companies doing business in the state, in all matters relating 
to the performance of their public duties and their charges 
therefor, and of correcting abuses and discrimination and 
extortion by such companies. ... It shall keep itself fully 
informed of the physical condition of all railroads of the 
state, as to the manner in which they are operated with ref¬ 
erence to the security and accommodation of the public, 
and shall, from time to time, make and enforce such require¬ 
ments, rules, and regulations as may be necessary to prevent 
unjust or unreasonable discrimination and extortion by any 
transportation or transmission company in favor of, or against, 
any person, locality, or community, or connecting line" (Art. 
IX, sect. 18 ). However, it is well to note that franchises granted 
by municipal corporations allow privileges to public-service 
corporations (chap, ii, § 27 ) which the corporation commission 
can in no way infringe upon. All corporations, foreign and 
domestic, " shall file in the office of the corporation commis¬ 
sion a list of its stockholders, officers, and directors, with the 
residence and post-office address of, and the amount of stock 
held by each, before beginning business" (Art. IX, sect. 43 ). 

240. Foreign Corporations: Resident Oklahoma Agent. 
Every foreign corporation shall, before being licensed to do 


122 


OKLAHOMA SCHOOL CIVICS 


business in the state, designate an agent residing in the 
state, upon whom summons or legal notice may be served, 
and such other agents as now are or may hereafter be pro¬ 
vided for by law. Suit may be maintained against a foreign 
corporation in the county where an agent of such corpo¬ 
ration may be found, or in the county of the residence 
of the plaintiff, or in the county where the cause of action 
may arise. This provision makes it possible for the state 
authorities to find sotne responsible person upon whom they 
can serve writs when necessary. This resident agent of a 
foreign corporation is the person responsible to the state for 
any misconduct of the company he represents. A foreign 
corporation is any company not chartered in Oklahoma. 

241. Commission Clothed with Authority of a Court. In 
all matters pertaining to the public visitation, regulation, or 
control of corporations, and within the jurisdiction of the 
commission, it has the power and authority of a court of 
record to administer oaths, to compel the attendance of wit¬ 
nesses and the production of papers, to punish for contempt 
any person guilty of disrespectful or disorderly conduct in 
the presence of the commission while in session, and to 
enforce compliance with any of its lawful orders or require¬ 
ments by adjudging, and by enforcing its own appropriate 
process, against the delinquent or offending party or com¬ 
pany, levying such fines or other penalties as may be pre¬ 
scribed or authorized by the constitution or by law ” (Art. IX, 
sect. 19 ). 

242. Commission to Supreme Court. From any action of 
the commission prescribing rates, charges, or classification of 
traffic, or affecting the train schedule of any transportation 
company, or requiring additional facilities, conveniences, or 


CORPORATIONS 


123 


public service of a transmission or a transportation company, 
an appeal may be taken to the supreme court (Art. IX, 
sect. 20 ). When a corporation appeals from the decision of 
the commission, such appeal does not stop the force and 
effect of the commission’s decision until set aside by the 
court, and a suspending bond shall first have been executed 
and filed with, and approved by, the commission or by the 
supreme court, payable to the state and sufficient in amount 
and security to insure the prompt refunding, by the appeal¬ 
ing corporation to the parties entitled thereto, of all charges 
which such company may collect or receive pending the 
appeal, in excess of those fixed or authorized by the final 
decision of the court on appeal (Art. IX, sect. 21 ). For 
example, if the commission should order a railroad company 
to lower freight rates, the company has a right to appeal to 
the supreme court. Pending the litigation the railroad com¬ 
pany can avoid lowering its rate, but it has to put up a suffi¬ 
cient bond to pay back all this extra charge if the supreme 
court decides in favor of the commission’s lower rate. Such 
a bond is called a supersedeas. If the railroad can show that 
the rate is already low enough, when the court hands down 
its decision, the bond becomes void. 

243. Commission’s Right to inspect Books. The " com¬ 
missioners, or either of them, or such persons as they may 
employ therefor, have the right, at such time as they may 
deem necessary, to inspect the books and papers of any railroad 
company or other public-service corporation (chap, v, § 71), 
and to examine under oath any officer, agent, or employee 
of such corporations in relation to the business and affairs 
of the same. If any railroad company or other public-service 
corporation shall refuse to permit the commissioners, or 


124 


OKLAHOMA SCHOOL CIVICS 


either of them, or any person authorized thereto, to examine 
its books and papers, such railroad company or other public- 
service corporation shall, until otherwise provided by law, for 
each offense pay to the state of Oklahoma not less than one 
hundred and twenty-five dollars for each day it shall so fail 
or refuse, and the officer or other person so refusing shall be 
punished as the law shall prescribe ” (Art. IX, sect. 28 ). 

244. Physical Value of Railroads; Salaries; Mileage. 
The commission must make record, the same to be a public 
record, of the amount of money expended in construction 
and equipment per mile of every railroad and other public- 
service corporation in Oklahoma, the amount of money ex¬ 
pended to procure the right of way, and the amount of money 
it would require to construct the roadbed, track, depots, and 
transportation facilities, and also the amount necessary to 
replace all the physical properties belonging to the railroad 
or other public-service corporation. It must also ascertain all 
the outstanding bonds, debentures, and other indebtedness. 
The commission also ascertains the amounts paid for salaries 
to the officers of all public-service corporations, and the wages 
paid its employees, and from time to time this information 
shall be communicated to the attorney-general by report, and 
a duplicate thereof filed with the state examiner and inspector 
for public use, and the same shall be printed in the annual 
report of the commission. Between points within the state 
not more than two cents per mile shall be charged for pas¬ 
senger fare unless otherwise provided by law ; the corporation 
commission shall exempt any railroad from the operation of 
this section upon satisfactory proof that it cannot earn a just 
compensation for services rendered, if not permitted to charge 
more than two cents per mile. A few railroads but recently 


CORPORATIONS 


125 

constructed are permitted to charge three cents per mile 
under this clause of the constitution. 

245. Fellow-Servant Law. The common-law doctrine of 
the fellow-servant so far as it affects the master’s liability for 
the injuries of his servant, resulting from the acts or omis¬ 
sion of any other servant or servants of the common master, 
is abrogated as to every employee of every railroad company 
or interurban railway company, and every street railway com¬ 
pany, and of every person, firm, or corporation engaged in 
mining in this state. Every such employee has the same 
right to recover for every injury suffered by him for the 
acts or omissions of any other employee of the common 
master that a servant would have if such acts or omissions 
were those of the master himself in the performance of a 
nonassignable duty. When death, whether instantaneous or 
not, results to such employee from any injury for which he 
could recover damages under the above provisions, had not 
death occurred, then his legal or personal representative 
or guardian shall have the same rights and remedies with 
respect thereto as if death had been caused by the negli¬ 
gence of the master. Railroad companies and street railway 
companies, and persons, firms, or corporations engaged in 
the underground mining, are liable for the acts of their trus¬ 
tees or receivers. The old common law was that the servant 
assiumed all risk from the negligent acts of his fellow-servants. 
The above clause provides that the employee shall have the 
same right to recover for the acts or omissions of a fellow- 
servant as he would for the acts or omissions of the master. 
This is a most important provision, for railroads and other 
public-service corporations have been in the habit of throw¬ 
ing all blame for accidents of one employee upon some other 


126 


OKLAHOMA SCHOOL CIVICS 


servant of the company, and in this manner escaped paying 
damages. No such defense is now valid in Oklahoma. 

246. Compulsory Arbitration. Every license issued, or char¬ 
ter granted, to a mining or public-service corporation, foreign 
or domestic, must contain a stipulation that such corporation 
will submit to arbitration, as shall be provided by law, any dif¬ 
ference it may have with employees in reference to labor. 

247. Stock of Corporations must represent Actual Value. 
No corporation shall issue stock except for money,^ labor 
done, or property actually received to the amount of the par 
value thereof, and all fictitious increase of stock or indebted¬ 
ness shall be void, and the legislature shall prescribe the 
necessary regulations to prevent the issue of fictitious stock 
or indebtedness. The stock and bonded indebtedness of cor¬ 
porations shall not be increased except in pursuance of 
general law, nor without the consent of the persons holding 
the larger amount in value of the stock first obtained at a 
meeting to be held thirty days after notice given in pursu¬ 
ance of law (Art. IX, sect. 39 ). The stock of a corporation 
is the money represented in the business. This stock is 
divided into shares and sold. Each person holding shares 
has one vote at the annual stockholders’ meeting for every 
share he holds. A certificate is a document signed by the 
proper officials of the corporation, stating how many shares 
the owner of the certificate holds. 

248. Corporations and Competing Corporations. No cor¬ 
poration chartered or licensed to do business in this state 
can own, hold, or control, in any manner whatever, the 
stock of any competitive corporation engaged in the same 
kind of business in or out of the state, except such stock as 
may be pledged in good faith to secure bona fide indebtedness 


CORPORATIONS 


127 


acquired upon foreclosure, execution sale, or otherwise for 
the satisfaction of debt. No trust company, or bank, or bank¬ 
ing company, shall own, hold, or control, in any manner 
whatever, the stock of any other trust company, or bank or 
banking company, except such stock as may be pledged in 
good faith to secure bona fide indebtedness, acquired upon 
foreclosure, execution sale, or otherwise for the satisfaction 
of debt. All stock thus acquired by any corporation must be 
disposed of within one year. Corporations have been in the 
habit of obtaining control of other corporations in the same 
line of business, and thus strangling competition. This is 
prohibited in Oklahoma. 

249. Legislative Control of Corporations. The legislature 
has power to alter, amend, revoke, or repeal any charter of 
incorporation or franchise now existing and subject to be 
altered, amended, annulled, revoked, or repealed at the time 
of the adoption of the constitution, or any that may be here¬ 
after created, whenever in its opinion further operation of the 
corporation is injurious to the citizens of the state. This 
annulling of a corporation’s charter must be done in such 
manner, however, that no injustice shall be done to the 
corporation. 



0 


APPENDIX A 


UNITED STATES LAND SURVEY 

1. Land Surveys. The Department of the Interior has charge 
of the public lands. Before the land can be sold it is necessary that 
boundaries be accurately fixed. For this purpose a system of land 
survey's was adopted during Washington’s administration. Accord¬ 
ing to this system the land is first divided into squares by meridians 
and parallels, six miles apart. These squares are called townships, 
and serv'e the double purpose of locating lands and of furnishing 
the boundaries for local governments. A row of townships running 
north and south is called a range. The surveyors begin their work 
by selecting some natural object, easily distinguished ; and from 
this, as an initial point, they mark off, north and south, a true 
meridian, called in the system a principal meridian. In Oklahoma 
the principal meridian is known as the Indian meridian. Crossing 
the principal meridian at right angles, they establish a true parallel, 
called the base line. In this state the base line cuts the state from 
east to west, just far enough north to avoid the bends of Red River. 
Range lines are run north and south, six miles apart, on either side 
of the principal meridian. These lines and the ranges of townships 
they mark off are numbered east and west from the Indian merid¬ 
ian. Range fifteen west means the row of townships ninety miles 
west from the principal meridian. Range twenty east is the twen¬ 
tieth range east, one hundred and twenty miles east from the prin¬ 
cipal meridian. Note that the Panhandle has a system of land 
survey distinct from that used in the rest of Oklahoma. 

Township lines are run six miles apart, parallel with the base line. 
They are numbered north or south from the base line. Township 

129 


130 OKLAHOMA SCHOOL CIVICS 



Map illustrating Oklahoma Land Survey 






































































APPENDIX A 


131 











1 









1 










1 

2 

8 

4 

6 

6 

7 

8 

9 

I'o 

11 

12 

13 

14 

15 

18 

17 

18 


20 

21 

22 

23 

24 

26 

26 

27 

28 










1 









j 











c 

I 

M 

A 

R 

R 

0 

N 

1 

1 

T 


E 

1 


A 

s 

5 

! 

B 

E 


A 

V 


i: 

R 











1 

1 









1 



















1 

1 




















6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 


BASE LINE 

North and south of the base line standard par¬ 
allels are run every twenty-four miles. They are 
known as first, second, third, etc., standard parallels 
north or south, as the case may be. East and west 
of the Indian meridian guide meridians are run 
every twenty-four miles. They are known as first, 
second, ^c., guide meridian east or west. 

Each one of the little squares upon the large 
map represents thirty-six sections, or one township. 

There should be twenty-six east and twenty-six west of the Indian meridian 
(but four are shown), and twenty-nine range lines north of the base line, 
and as many south as the bends of Red River permit. The Panhandle has 
a system distinct from the rest of Oklahoma. The enlarged township with 
section numbers makes clear how each one of the small squares on the map 
above is divided. The common-school sections are sixteen and thirty-six, 
the state school section is thirteen. Section thirty-three is to be used by 
the state for public-building purposes (see Appendix 13). 


number three south means a township whose south line is situated 
eighteen miles south of the base line. 

2. Correction Lines. If surveys are accurately made, the town¬ 
ship lines are just six miles apart throughout. But since the range 
lines run north and south, they are not parallel, but converge 
towards the pole of the earth’s axis. Two lines, in latitude thirty-four 
north, starting six miles apart and running due north six miles, will be 
about three rods nearer together than at the starting points. Range 
lines start six miles apart at the base line; consequently, north of 
the base line they are less than six miles apart. In latitude thirty- 
four degrees, at a distance of sixty miles from the base line, the 
township lacks thirty rods of being six miles east and west. To 
prevent this narrowing process from destroying the system, the 




















































132 


OKLAHOMA SCHOOL CIVICS 


surveyors measure out from the principal meridian, and establish a 
new base line called a standard parallel, but commonly known as 
a correction line. Every twenty-four miles north and south of the 
base line such a standard parallel is established. East and west of 
the principal meridian every twenty-four miles a guide meridian is 
run. This is a range line that is much more carefully surveyed than 
the others, and here all errors in survey are corrected. 

3. Sections. Each township is subdivided into thirty-six sections 
of six hundred and forty acres each. The surveyors begin at the 
southeast corner of the township to mark the boundaries of the 
sections. If the work is accurate, all sections are perfect except 
those on the west side; these are always imperfect or fractional. 
On the north side, also, it generally happens that, on account of 
inaccuracies, the survey of the sections does not correspond with 
the township survey ; hence a lot on the north side of the township 
is generally fractional, containing more or less than the ordinary 
quantity. The United States survey ends with the location of the 
section lines. Marks are made by the surveyors at the corners 
of the sections, and also half-mile marks between the corners. 
Purchasers measure from these marks to determine the situation 
of their land. The following is a complete description of one hun¬ 
dred and sixty acres of land, according to United States survey: 
'' The northwest one fourth (N.W. :|) of section number twenty ( 20 ) 
in township four ( 4 ) south; range nine ( 9 ) west of the Indian 
meridian.” 


APPENDIX B 


OKLAHOMA’S PUBLIC LANDS 

The public lands of Oklahoma consist of four classes: (i) com 
mon-school lands, sections sixteen and thirty-six in each township; 
( 2 ) college lands, section thirteen ; ( 3 ) public building lands, section 
thirty-three; ( 4 ) indemnity lands, i.e. sections or parts of sections 
chosen in lieu of the above-named sections, when they had been 
previously allotted to Indians or lost to the state in some other way. 



Number of 
Acres 

Acres of In¬ 
demnity Land 
IN EACH Class 

Common-school lands. 

1,413,803 

214,651 

College lands. 

352,207 

44,874 

Public-building lands. 

515.065 

46,663 

Lands granted to colleges by enabling act. 

1,050,000 


Total. 

3.331.075 



These three million three hundred and thirty-one thousand and 
seventy-five acres include the three hundred and six thousand one 
hundred and eighty-eight acres of indemnity land. 

This is in accordance with a report made by the; commissioners 
of the land office to the first state legislature. 

The public lands of Oklahoma lie entirely in the western or 
Oklahoma Territory portion of the state. This is because the lands 
on the east side belonged to the Indian nations and not to the fed¬ 
eral government. It has been the policy, of the federal government 
^ever since the ordinance of 1787 to give some of its public lands 
to each state for the benefit of public schools. Oklahoma, it will be 

133 















134 


OKLAHOMA SCHOOL CIVICS 


seen, was given two sections in every township for common schools, 
one section to aid state schools and one section to be used in the 
erection of public buildings. 

These lands can be sold and the interest used for the respective 
schools for which it was set aside, or the lands can be retained and 
the rent used for school purposes. Of course when the public¬ 
building lands are sold the funds will all go to erect state buildings. 
At the November election in 1908 a referendum was held as to 
whether all the public lands of the state should be sold, and it was 
decided by a large majority that they should not be. The second 
legislature passed an act which provided for the sale of the public¬ 
building lands (section thirty-three) and for all the indemnity, or lien 
lands, as well as for the college sections given the state by the en- 
bling act (chap, iv, § 60 ). The common-school sections and the col¬ 
lege section are to be retained as a permanent endowment for our 
public-school system. The reason given for the sale of section 
thirty-three is that the money is used to erect public buildings. 
The indemnity and enabling-act lands frequently lie in such large 
bodies that often there is but little taxable land in a township, and 
therefore no way to maintain local government in the community. 
Thus the legislature decided to sell it. 


APPENDIX C 


THE RIBBON BALLOT 

The legislature of 1909 materially altered the ballot law dis¬ 
cussed in Chapter X, but the measure as passed has excited the 
opposition of certain citizens and the referendum has been invoked 
againk it (chap, vii, §101). So until this matter is settled the law 
as given in the body of the text is in force. If, when the referendum 
is taken, a plurality is registered against the new law, it will never 
go into elTect. If, on the other hand, the larger number of voters 
favor the new measure, then it becomes a statute. This proposi¬ 
tion need not be voted upon until the next general election,— 
November, 191 o,— although the governor can call a special election 
to decide the matter earlier if he so desires (chap, vii, § 104). 

The '' ribbon ballot law,” as the new measure has come to be 
termed, because of the narrow, extended nature of the ticket, 
makes such conditions for voting that it is practically impossible 
for one to vote at all without being able to read. The names are 
printed on the ticket in one or more columns. All the candidates 
for any office are grouped under the respective captions, as is 
shown in the illustration (p. 136). All these names must appear 
without any party device or designation. More than this, the 
names are not to come in any fixed order, and they can be shifted 
about by the election boards that have control of the printing of 
the ballots. 

Thus it is clear that no ignorant man can vote wholesale for an 
entire ticket by putting his cross under the ” rooster ” or the 
" eagle,” as under the present system (see p. 76). The elector 
will have to know enough about the candidates to recognize who 

135 


136 OKLAHOMA SCHOOL CIVICS 

they are, and what party they represent, and how to read their 
names, or he cannot hope to vote. For it is made a serious offense 
to have a copy of the ballot previous to going into the election 
booth, nor can any sample ballot be made or circulated, although 
there can be " dummy ballots,” like the one herewith presented, to 
show the general appearance of the ticket. But on the dummy 
ballot either fictitious names must appear or the lines left blank. 

Dummy liALLor arranged in Accordance with the 
New Rirbon Ballot Law 


DUMMY BALLOT 

GOVERNOR 

VOTE FOR ONE 

1 Frank Franz 


Charles N. Flaskell 


Richard Roe 


1 John H. Porter 

SECRETARY OF STATE 

VOTE FOR ONE 


1 Bill Cross 


1 John Doe 


William F. Kerr 


1 Robert Riley 

ATTORNEY-GENERAL 

VOTE FOR ONE 


Hartley Alexander 


Charles West 


1 John J. Smith 




To vote mark (x) in the square to the left of the name of the candidate. 

These are the chief changes from the election law discussed in 
the body of the text. Other provisions require that every voter 
must register, just as those who live in cities of the first class are 



















APPENDIX C 


137 


now required to do (chap, x, § 162). " State questions” or refer¬ 
enda are to be printed upon the ballot along with the names of 
candidates, and not on separate tickets as now. 

'rhose who oppose the law do so chiefly on two grounds : (i) It 
is alleged that the power to put names on the ticket in any order 
will permit a partisan election board to place the names of its party 
candidates in the same position every time, and the ignorant voter 
can be told to vote for the first or second name, as the case might 
be, under each caption, d'hus he can vote almost as easily as with 
the party device. But the names of candidates from other parties 
will follow no set order and thus the voter will be confused. It is 
demanded that a fixed order, or an alphabetical arrangement, be 
substituted. (2) The election inspector is made the registration 
clerk in each voting precinct. He is allowed one dollar per day 
for thirty days for hunting up those eligible to register. It is argued 
that he will look up those of his own party and compel voters of 
other parties, who wish to register, to hunt him up. In this way 
many voters will be disfranchised. 

Those who favor the law assert that it is to be noted that objec¬ 
tions are all based upon the hypothesis that the election boards are 
disposed to take unfair advantage of some one. It is urged that 
the law will be honestly and fairly administered, and that the new 
measure is a material improvement over the old method of whole¬ 
sale voting under a party device. It is also pointed out that it will 
stimulate the ignorant to seek an education so that they can vote, 
and that it will merely disfranchise those who are in no way fitted 
to exercise the franchise. 



A. 




INDEX 


(The references in the Index are to pages.) 


Ad valorem taxes, 90. 

Agriculture, state board of, 66; 
schools of, III 

Assessor, city, 16, 88; town, 17, 88. 

Attorney, city, 15; county, 21. 

Attorney-general, 62. 

Auditbr, state, 62. 

Ballot, construction of, 81 ; sample, 

82 ; stub, 83 ; at primary elections, 

85 ; ribbon, 135-137. 

Base lines, 131. 

Bill of rights, 7, 41 ; of Oklahoma, 
38-39, 41. 

Board, of trustees (township), 17 ; of 
health (county), 24 ; of agriculture, 

66 ; of banking, 67 ; of pardons, 
67-68; of public affairs, 68; of 
equalization, 89-90. 

Bonds, state, issue of, 96; for pri¬ 
vate enterprises, 98. 

Bureau of Indian Affairs, 30, 31. 

Chancery, courts of, 76. 

Cities, classes of, 11 ; government 
of, 11-18; charters of, 12; com¬ 
mission system of governing, 12- 
13; officers, 14-16. 

City council, 13. 

Civil district, 7, 8. 

Clerk, city, 15; town, 17; county, 
21-22 ; supreme court, 73. 

Colored schools, 104, in. 

Commission, Dawes, organized, 30; 
duties, 31-32. 

Commission, text-book, 65-66, 103. 

Commission system of municipal 
government, 12-13. 

Commissioners, street, 16; of insan¬ 
ity, 25; county, 25-26; of labor, 

139 


63; insurance, 64; of charities, 
64-65; corporation, 66, 120-124; 
of land office, 67. 

Constable, 17. 

Constitution (Oklahoma), 36-41 ; 
aim of, 50; amendments to, 53- 
54 ; election provisions of, 85. 

Constitution (United States), 7. 

Constitutional convention, 36. 

Contempt of court, 39. 

Coroner, 24. 

Corporations, public-service, 17-18; 
defined, 117 ; charters of, 117; pri¬ 
vate, 118; public, 119; semipublic, 
119; church and eleemosynary, 
120; control of, 120; commission 
to supervise, 120-123; foreign, 
121-122; arbitration for, 126; 
stock of, 126; competing, 126; 
legislative control of, 127. 

Correction lines, 131. 

Councilmen, 13. 

Counters, at elections, 81. 

Counties, organization and govern¬ 
ment of, 19-27 ; officers of, 21-26. 

County high schools, 104. 

County seat, 20. 

Court, justice, 10; juvenile, 26; 
county, 26; county superior, 27; 
supreme, 72-73; of appeals, 73- 
74 ; district, 74-76; of chancery, 
76. 

Curtis Act, 32, 

Dawes Commission, 30-32. 

Day County, 20. 

Debts, public, bonds covering, 96; 
limit of, 97 ; for war, 97 ; sinking 
fund, 97. 

Declaration of Independence, 7. 


140 


OKLAHOMA SCHOOL CIVICS 


Dispensary system, 68. 

District court, 74-76. 

Districts, civil, 7, 8 ; senatorial, 43 ; 
representative, 45. 

Education. See Public schools, etc. 

Election boards, 80. 

Elections, time of, 79; attendance 
at, 79; precincts for, 79; counters, 
81. 

Electors and elections, 78-87. 

Enabling act, passage of, 29 ; pro¬ 
visions of, 33-34; and the school 
system, 99and colored schools, 
104. 

Examiner and inspector, state, 63. 

Executive department, state, 55-70. 

Extradition, 40-41. 

Feeble-Minded, Institute for the, 114. 

Fort Supply, Hospital for the Insane 
at, 25. 

Government, local, 7 ; town, 8-10, 
17; city, 11-18; territorial, 28-29; 
state, 42-70. 

Governor, appoints county election 
officers, 20; power of veto of, 49, 
51, 59 ; relation to initiative and 
referendum, 51, 54; powers of, 
55-56; qualifications, term, salary 
of, 56; reeligibility of, 56-57 ; 
duties of, 57-59; power of par¬ 
don of, 68. 

Habeas corpus, privilege of writ of, 

38. 

Health, county board of, 24. 

High schools, county, 104. 

Hospital, for the Insane at Fort 
Supply, 25; at Norman, 25; at 
Vinita, 25. 

House of representatives, member¬ 
ship of, 45; members, 45; speaker, 
45-46; sessions, 46; salaries of 
members, 47; vacancies, 47; power 
of initiative and referendum, 52. 

Impeachment, defined, 71 ; officials 
not subject to, 72. 


Income tax, 93-94. 

Incorporated towns, requirements 
for, 17. 

Indian Affairs, Bureau of, 30, 31. 

Indian schools, 30, 31. 

Indian Territory, 29-30; school sys¬ 
tem, 32. 

Indian tribes, 29-30. 

Inheritance tax, 94-95. 

Initiative, 10, 50-52. See also 
ative and referendum. 

Initiative and referendum, power 
of, in townships, 10 ; in cities, 14 ; 
in counties, 26; defined, 43; gov¬ 
ernor and, 51 ; statutes passed by, 
52 ; in school districts, 103. 

Insane, asylum for, 25, 115. 

Inspector, state examiner and, 63. 

Inspector of mines, 64. 

Insurance commissioner, 64. 

Judicial department, city, 16-17; 
county, 26; state, 71-77. 

Jury, verdict of, 26, 77 ; trial by, 38. 

Justice court, 10. 

Justices of the peace, 10, 16, 24. 

Juvenile court, 26. 

Labor, commissioner of, 63. 

Land office, commissioners of, 67. 

Land surveys, 129-132. 

Legislature, voting in, 48 ; quorum 
in, 48; sessions of, 48; passage 
of bills in, 49. See also Seriate and 
Hoicse of representatives. 

Lieutenant governor, 60-61. 

Magna Charta, 7. 

Marshal, city, 16; town, 17; supreme 
court, 73. 

Mayor, powers and duties of, 13-15. 

Militia, state, 57. 

Mine inspector, chief, 64. 

Municipal corporations, 17-18. 

Municipal government, commission 
system of, 12-13. 

Municipal township, 8. 

Municipalities, classes of, ii. 

Nepotism, 69-70. 


INDEX 


Nomination expenses, personal, 86- 
87 ; publicity concerning, 87. 

Norman, sanitarium at, 25. 

Oklahoma, made a territory, 28 ; ex¬ 
tended, 29; constitution of state 
ol’ 5O’ 53 - 54 . 84. 

Orphan Home, at Pryor Creek, 114. 

Pardons, state board of, 67-68. 

Penitentiary, state, 115. 

Physician, county, 25. 

Police judge, 16-17. 

Poorhouses, county, 27. 

Precinct election board, 80. 

Primaries, provided in state consti¬ 
tution, 84 ; nominating petitions, 
8*5 ; elections and ballots of, 85; 
voting at, 86; expenses of, 86-87. 

Printer, state, 65. 

Prohibition, 34, 68. 

Public affairs, state board of, 68. 

Public instruction, county superin¬ 
tendent of, 23 ; state, 63. 

Public lands, 133-134. 

Public ownership, 18. 

Public schools, system of, 99-109; 
and the enabling act, 99; districts, 
99-100; district officers, 100; con¬ 
solidation of rural, loi ; annual 
meetings, 101-102 ; town and city 
districts, 102 ; uniform text-books 
in, 103; compulsory attendance, 
104; county superintendent of, 
105; certificates of teachers in, 
106 ; taxes for, 106-107 ; fund for 
county, 107; state superintendent 
of, 108; state board controlling, 
108; state board of examiners 
for, 108; special institutions, no. 

Referendum, defined, 52. See also 
Initiative and referendum. 

Reformatory, state, 115. 

Register of deeds, county, 22-23. 

Registration, 83. 

Revenue bills, 46. 

Ribbon ballot, 135-137. 

Road overseer, township, 9. 

Rural schools, consolidation of, loi. 


I4I 

Schools, special, 110-114. See also 
Agriculture., etc. 

Seal, state, 61. 

Secretary of state, 61-62. 

Senate, organization and powers of, 
42-49. 

Senatorial districts, 43. 

Senators, number and term of office, 
43 ; qualifications, 44. 

Senators (United States), 85. 

Sheriff, 21. 

Sinking fund, 97. 

Speaker of the house, 45-46. 

Street commissioner, 16. 

Suffrage, persons entitled to, 78; 
soldiers and, 78. 

Summer institute for teachers, 105. 

vSuperintendent of public instruc¬ 
tion, county, 23 ; state, 63. 

Superior court, county, 27. 

Supreme court, defined, 72 ; juris¬ 
diction of, 72-73; clerk of, 73; 
marshal of, 73. 

Surveyor, county, 23. 

Taxes, assessment of, 88-89 5 va¬ 
lorem, 90; exemption from, 91- 
92 ; special, 92-93; license and 
franchise, 93 ; income, 93-94 ; in¬ 
heritance, 94-95 ; land, gross rev¬ 
enue, poll, 95-96; school, 106. 

Territory, government of, 28-29; 
changed to a state, 28-35. 

Text-book commission, 65-66, 103. 

Town, offices and government of, 17. 

Township, defined, 8 ; officers, 8-9 ; 
road districts of, 9; legislative 
and executive departments of, 10 ; 
board of trustees, 17. 

Township sections, 132. 

Treasurer,city, 15; town, 17; county, 
22; state, 63. 

Verdict, by jury, 26, 77. 

Veto, governor’s, 49, 51. 

Vinita, hospital at, 25. 

Wards, city, 13; town, 17, 

Weigher, county, 24. 


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